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Bava Basra 56
BAVA BASRA 56 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David
Kornfeld, in memory of the members of his family who perished at the hands
of the Nazi murderers in the Holocaust and whose Yahrzeit is observed today:
his mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib
and Yisachar Dov, sons of Mordechai), grandfather (Reb Yakov Mordechai ben
Reb David [Shpira]) and aunt (Charne bas Yakov Mordechai [wife of Reb Moshe
Aryeh Cohen]).
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1) [line 1] BI'RESHUS ACHAS / BI'SHTEI RESHUYUS (HOTZA'AH)
(a) See Background to Bava Basra 55:29-30.
(b) Rebbi Yosi qualifies the statement of the Gemara on the previous Daf to
limit the Chiyuv for Hotza'ah to the case where the person takes out both
Chatzi Gerogeros to the same Reshus ha'Rabim. If he took one out to one
Reshus ha'Rabim and the other one out to another Reshus ha'Rabim that was
separated from the first one (the Gemara proceeds to discuss the various
opinions as to what constitutes a separation), the person is Patur.
2) [line 2] V'HU SHE'YESH CHIYUV CHATAS BEINEIHEM - as long as there is a
[separate Reshus between them that would cause someone who transfers objects
from either Reshus ha'Rabim to that Reshush to incur a] Chiyuv Chatas
between them
3) [line 3] KARMELIS (FOUR RESHUYOS)
There are four Reshuyos (domains) with regard to the Halachos of Shabbos:
Reshus ha'Rabim; Reshus ha'Yachid; Karmelis; Makom Petur.
(a) RESHUS HA'RABIM (the public domain) includes 16-Amah-wide thoroughfares
or streets that are open at both ends, and open plazas that can hold many
people at the same time. (According to some Rishonim, 600,000 people must
use the area for it to be considered Reshus ha'Rabim, see Insights to
Shabbos 6b.)
(b) RESHUS HA'YACHID (the private domain) is comprised of spaces that have
an area of at least four by four Tefachim and are enclosed by a
ten-Tefach-high partition on at least three sides, such as enclosed yards,
or ditches with these dimensions (since the vertical wall of the ditch acts
as a partition). A ten-Tefach-high mound that is 4 by 4 Tefachim wide at its
top is also a Reshus ha'Yachid. Reshus ha'Rabim and Reshus ha'Yachid are
Reshuyos that are recognized by the Torah. Transferring objects from one to
the other is prohibited mid'Oraisa.
(c) KARMELIS is the term that the Rabanan gave to certain places and objects
that bear similarities to both Reshus ha'Rabim and Reshus ha'Yachid, even
though they do not meet all the requirements for either of them. The Rabanan
decreed that a Karmelis is to be given the properties of both Reshus
ha'Rabim and Reshus ha'Yachid, whichever is more stringent in any given
situation, in order to prevent a person from doing a Melachah mid'Oraisa.
Some examples of Karmelis are the sea, a desert, and an area in Reshus
ha'Rabim that is four by four Tefachim but with a height not greater than
ten Tefachim, such as a raised platform, pole, or fenced-in area.
(d) MAKOM PETUR, in general, are those places and objects that do not
fulfill *any* of the above requirements. Transferring from them to one of
the other three Reshuyos is permitted (as long as one does not transfer from
Reshus ha'Yachid to a Makom Petur, and then from there to a Reshus ha'Rabim,
or v.v.). Some examples of Makom Petur are a doorstep with an area less than
four by four Tefachim, a pole in Reshus ha'Rabim with an area less than four
by four Tefachim and a height not greater than ten Tefachim and the airspace
above Reshus ha'Rabim (above a height of ten Tefachim). See Shabbos, Charts
#1-2.
4) [line 4] PISLA - a plank (which lies across Reshus ha'Rabim, separating
it into two domains
5) [line 4] AZDA RAVA L'TA'AMEI - and he (Rava) follows his own reasoning
elsewhere (Daf 55b)
6) [line 5] RESHUS SHABBOS KI'RESHUS GITIN DAMI - things that constitute a
separation of domains with regard to the Halachos of Hotza'ah of Shabbos
follow the guidelines of domains with regard to the Halachos of Gitin (such
as in a case where a person lent his wife a place in his courtyard that she
could use to make a Kinyan Chatzer for her Get. He lends her only one place;
a Pisla or the like are considered a separate place and she is not divorced
if the Get lands there)
7) [line 6] EIN SHAM LO METZAR V'LO CHATZAV, MAI? - When the fields of the
convert who dies without relatives are not separated by a boundary-mound or
Chatzav grass, what is the Halachah [according to Rebbi Yochanan, Daf 55a]?
8) [line 8] BEI GARGUSA DI'PELANYA - the [field that is watered by a
certain] well of so-and-so
9) [line 11] CHAZTUVA - Chatzav, a shrub that has deep and straight roots,
planted in hedges to mark boundaries; prob. Cistus
10) [line 12] SHE'BO TICHEM YEHOSHUA L'YISRAEL ES HA'ARETZ - which Yehoshua
used (or commanded the people to use) to demarcate boundaries of the tribes
and of the individual landowners for the People of Yisrael when they entered
and settled in the land of Yisrael
11) [line 14] LO MANAH YEHOSHUA ELA AYAROS HA'OMDOS AL HA'GEVULIN - Yehoshua
only listed [in the Book of Yehoshua] towns that stood at the border
12) [line 17] MA'ASER
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser
Sheni produce outside of the walls of Yerushalayim receives Malkos (RAMBAM
Hilchos Ma'aser Sheni 2:5).
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
13) [line 17] L'AFUKEI KEINI KENIZI V'KADMONI - [Rav Yehuda's statement in
the name of Shmuel] was meant to exclude the lands of the Keini, Kenizi and
Kadmoni [from the obligation of Ma'asros -- either in the future or if they
were conquered by Benei Yisrael who entered the Land of Yisrael (two
explanations in RASHBAM). These three lands were promised to Avraham Avinu
along with seven others (Bereishis 15:18-21), but Chazal taught that these
three will only be given to his descendents in the future.]
14a) [line 18] NAFTUCHA - Naftuchim, descendents of Mitzrayim (Bereishis
10:13) (MUSAF HE'ARUCH)
b) [line 19] ARAVA'AH - Arabia
c) [line 19] SHALMA'AH - the Tagum of Keini
15a) [line 21] ARDISKIS - probably the area surrounding Damascus
b) [line 21] ASYA - (a) Tosfos to Yevamos 115a DH Amar brings the Gemara
in Bava Basra 56a that identifies Asya with Keini mentioned in Bereishis
15:19. It seems that the Keini people lived near Moav, to the west of the
Dead Sea. They lived in Ir ha'Temarim (Palm City), which may be Chatzatzon
Tamar, to the west of the Dead Sea. The Targum translates Keni as Shalamite,
an Arabic tribe (RABBI ARYEH KAPLAN); (b) possibly Callirhoe and its
surroundings, on the east side of the Jordan River, near the Dead Sea; (c)
Asia Minor, or rather the Roman province embracing the Western part of the
peninsula of Asia Minor, bequeathed by King Attalus to the Roman republic;
(d) a town called Essa, east of Lake Kineres
c) [line 21] ASPAMYA - a land that is one year's walk from Eretz Yisrael
(this word is usually translated as Spain)
16) [line 23] NIMTZE'U ZOMEMIM (EDIM ZOMEMIM)
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualify* their testimony by saying that the first set
of witnesses were with them in a different place at the time that the first
set of witnesses claim that the act took place, the first witnesses are
termed Edim Zomimin (conspiring witnesses). The Torah commands that the
second set of witnesses be believed, rather than the first. In general, Edim
Zomemim are punished with the punishment they tried to cause. (Devarim
19:16-21. See MISHNAH Makos 5a)
56b---------------------------------------56b
17) [line 1] MESHALSHIN BEINEIHEM - they divide the fine among them
18a) [line 1] SHELOSHAH ACHIM V'ECHAD MITZTAREF IMAHEM - three brothers and
one other person who combines with [each of] them, [one brother and the
non-relative for each year of the Chezkas Shalosh Shanim]
b) [line 2] HAREI ELU SHALOSH EDUYOS - these are considered three separate
testimonies and are not disqualified because the brothers are related o each
other (EDUS: PESUL KURVAH)
The Gemara (see Rosh Hashanah 22a) lists the people who are Pesulei
Edus,those people who are disqualified to judge or to give testimony. Among
them are relatives, who may not join together in one set of witnesses or one
court.
19) [line 4] ABA CHALAFTA - Rebbi Yosi referred to his father Chalafta by
the title "Aba," father
20) [line 10] "DAVAR" V'LO CHATZI DAVAR - when the Torah says, "According to
the word of two witnesses shall a case be established (Yakum *Davar*)," it
means that the witnesses must see, and testify about, the entire act for
which the person is being held accountable. If they see only half of the act
(in our case according to Rebbi Akiva, the separate years of a Chezkas
Shalosh Shanim), their testimony cannot be used to create the Chezkas
Shalosh Shanim (see Background to Bava Basra 41:1).
21) [line 13] ACHAS B'GABAH - (a) one hair on her back (RASHBAM); (b) one
hair on her knuckles (lit. backside, referring to the backside of her
fingers, where they meet the hands) (RASHI to Bava Kama 70b); (c) one hair
below her private area (Rashi to Nidah 52b)
b) [line 13] ACHAS BI'KEREISAH - one hair on her abdomen (SIMANIM)
A girl is a Ketanah (minor) until she has two pubic hairs after she enters
her twelfth year. During the following six months she is a Na'arah
(maidenhood). When six months elapse she becomes a Bogeres (adult).
22) [line 23] MAI IKA L'MEIMAR? BEIN CHITEI L'SA'AREI LAV A'DA'ATAIHU
D'INSHEI - What is the basis of my ruling? People do not distinguish between
wheat and barley (and the witnesses are actually testifying about the same
years)
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