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REVIEW QUESTIONS ON GEMARA AND RASHI

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 42

BAVA BASRA 41 & 42 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.

1)

(a) What does the Mishnah in Get Pashut say about Reuven who lends Shimon money ...
  1. ... with a Sh'tar?
  2. ... with witnesses?
(b) To answer Rav (who just said that a purchaser who buys a field with witnesses may claim from Meshubadim), we apply the principle that Rav is a Tana who has the power to dispute a Mishnah.
On what grounds do we reject this suggestion? What did Rav and Shmuel say that refutes it?

(c) How do we then reconcile Rav's two statements?

(d) What is the reason for the distinction between a sale and a loan?

2)
(a) What does the Beraisa say about someone established one year of Chazakah, and his son, the other two or vice-versa, or if a purchaser established the third year?

(b) How do we extrapolate from the fact that the purchaser can finalize the Chazakah, that when someone buys from a Yoresh, there is a Kol?

(c) What does the Tana of another Beraisa say about someone who established a Chazakah one year in front of the original owner and two in front of his son, or vice-versa, or a third year in front of someone who purchased the field from the son?

(d) Why does the second Beraisa appear to clash with the first one?

3)
(a) How does Rav Papa establish the second Beraisa, to reconcile it with the first one?

(b) Why can the purchaser not claim that he bought the field in question together with all the other fields?

4)
(a) What does the Tana say about 'Umnin, Shutfin, Arisin and Apotropsin'?
What do they have in common?

(b) In what way does the Chazakah of Umnin differ from the other three?

(c) What is the reason for this distinction?

(d) What sort of Metaltelin is the Tana talking about?

5)
(a) Rabeinu Gershom precludes 'Umnin' from the text.
Why is that?

(b) Why will Chazakah not be effective in the case of ...

  1. ... Shutfin?
  2. ... Arisin?
6) What is the Tana referring to when he rules that ...
  1. ... a man cannot establish a Chazakah on his wife's property?
  2. ... a woman cannot establish a Chazakah on her husband's property?
7)
(a) The Tana finally inserts the case of a father on the property of his son and vice-versa in the list of those who cannot establish a Chazakah on the other's property.
Why is that?

(b) And what does the Tana, in conclusion, say about a donor who gives a gift and brothers who divide their property? What do they have in common?

(c) Which third case does he add to this list?

(d) Each of these acquires the property in question by means of 'Na'al, Paratz ve'Gadar'.
What is ...

  1. ... 'Na'al'?
  2. ... 'Gadar'?
  3. ... 'Paratz'?
Answers to questions

42b---------------------------------------42b

8)

(a) Shmuel and Levi included Shutaf ('ha'Shutfin') in our Mishnah, but not Uman ('ha'Umnin'), as we explained there.
What is Shmuel's version of our Mishnah?

(b) Shmuel follows his reasoning in another statement, where he adds that Shutfin can also testify for each other and that they are Shomrei Sachar on each other.
What does he mean when he says that they ...

  1. ... can testify for each other?
  2. ... are Shomrei Sachar on each other?
(c) Rebbi Aba asked Rav Yehudah how Shmuel could say this, seeing as elsewhere, he described a Shutaf as one who goes down to the field with permission.
What did Rav Yehudah reply?

(d) What is the S'vara to say that he establishes a Chazakah on ...

  1. ... the entire field (but not on half of it)?
  2. ... half the field (but not on all of it)?
9)
(a) Ravina establishes both statements of Shmuel when the Shutaf established the Chazakah on the entire field.
In which case will his Chazakah then not be valid?

(b) At the beginning of the Perek we discussed a case where the Shifchah that Rami bar Chama and his brother Rav Ukva purchased worked alternate years for each one.
Why was that not necessary according to Ravina?

(c) Then why did they do it?

10)
(a) We cited Shmuel, who said 'Shutaf ke'Yored bi'Reshus Dami'.
What is this equivalent to?

(b) So why did he not say this and not 'Shutaf Yesh Lo Chazakah'?

(c) Does this ruling extend to a field that is not supposed to have been planted?

(d) What would be the Din in a case where Reuven planted in Shimon's field without permission?

Answers to questions

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