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Bava Basra 92
BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor.
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*****PEREK #6 HA'MOCHER PEIROS*****
1) [line 1] PEIROS - produce; any type of fruit or grain that can be used
both for seed and for food
2) [line 2] ZERA PISHTAN - flax seed
3) [line 3] ZER'ONEI GINAH SHE'EINAN NE'ECHALIN - seeds of garden vegetables
that are only used for planting and never used as food
4) [line 5] NAGCHAN - a bull, the temperament of which is such that it is in
the habit of goring
5) [line 6] MEKACH TA'US - a mistaken sale
(a) When one person misleads another in the sale of an object, and because
he was misled the buyer does not receive what he thought he was purchasing,
the sale is revoked and the object and money are returned to their original
owners. Similarly, if the buyer overpays by more than one sixth of the value
of the object that was sold, the sale is revoked and the object and money
are returned to their original owners.
(b) If the buyer was misled about a minor point of the sale, or was
overcharged by one sixth of the value of the object, the sale is valid, but
the seller is required to deliver to the buyer everything that he had
promised, and to return what he overcharged.
(c) If the seller did not mislead the buyer, but the buyer mistook the
seller's intentions, the sale is at times valid such that the seller does
not have to reimburse the buyer.
6) [line 8] D'ZAVIN - who purchases
7a) [line 8] NICHSESA - [animals for] slaughtering
b) [line 9] RIDYA - [animals for] plowing
8) [last line] L'TIRCHA - for the trouble [of having to slaughter the bull
and to find customers to whom to sell the meat]
92b---------------------------------------92b
9) [line 1] IY D'LEIKA L'ISHTALUMEI MINEI, LI'AKEV TORA B'ZUZEI(H) - if the
seller does not have money to return to the buyer, let the buyer take the
bull as [repayment as if he had repaid him with] money
10) [line 2] MIN MAREI RASHVASICH, PA'AREI IPARA - from your debtor, accept
[even] coarse bran in payment
11) [line 4] BASAR RUBA AZLINAN (ROV)
Rav is of the opinion that Beis Din rules in monetary matters according to
the majority of cases, even when this involves extracting money from a
litigant. (See Insights to Bava Kama 27b)
12) [line 6] B'ISURA - with regard to matters of Isur and Heter (what is
prohibited and what is permitted)
13) [line 6] B'MAMONA LO (B'MAMONA LO AZLINAN BASAR RUBA)
Beis Din does not rule in monetary matters according to the majority of
cases, when this involves extracting money from a litigant. (See Insights to
Bava Kama 27b)
14) [line 7] (SIMAN ISHAH V'EVED SHOR SHEVARIN U'FEIROS) - this is a
mnemonic device for remembering the challenges from Mishnayos and Beraisa'os
against the opinions of Rav or Shmuel with regard to Holchin b'Mamon Achar
ha'Rov:
- *Ishah* refers to "Meisivei, *ha'Ishah* she'Nis'almenah O Nisgarshah" (line 8)
- *v'Eved* refers to "Ta Shema, ha'Mocher *Eved* l'Chaveiro..." (line 21)
- *Shor* refers to "Ta Shema, *Shor* she'Nagach Es ha'Parah..." (Daf 93a, line 2)
- *Shevarin* refers to "Leima k'Tanai, *Shor* she'Hayah Ro'eh v'Nimtza *Shor* Harug b'Tzido..." (Daf 93a, line 12)
- *Peiros* refers to "Ta Shema, ha'Mocher *Peiros* l'Chaveiro..." (Daf 93, line 26)
15) [line 9] LO CHI - no, rather [I married a widow]
16) [line 11] B'HINUMA - [she went out, on the day of her wedding, from her
father's home] (a) in a dome-shaped canopy of myrtle branches above her
(RASHI to Kesuvos 17b); (b) wearing a thin scarf that covered her face
(RASHI ibid.)
17) [line 11] ROSHAH PARU'A - with her hair unbraided and lying on her
shoulders
18) [line 11] KESUVASAH MASAYIM (KESUVAH - the Jewish marriage contract)
(a) When a man marries a woman who was a Besulah (virgin) at the time of her
Kidushin, he must write her a Kesuvah document in which he promises that she
will receive 200 Zuz (the value of 960 grams of silver) from him or his
estate if he divorces her or dies. The Tana'im argue whether this obligation
is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)
(b) When a man marries a widow or a divorcee who had once been married in
the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write
her a Kesuvah document in which he promises that she will receive 100 Zuz
from him or his estate if he divorces her or dies. Even if the woman is
still a virgin, the woman is classified as a "Be'ulah" with regard to the
amount of her Kesuvah because she was once married and she is not given the
Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a
widow or divorcee is only mid'Rabanan (Kesuvos 10b -- The Gemara there
explains that the term for "widow," "Almanah," alludes to her Kesuvah of a
"Manah," or 100 Zuz).
19) [line 16] YESH LAH KOL - (lit. it has a voice) it is well known [that
she got married as a Besulah]
20) [line 17] ISRA LAH RUBA - the Rov (that most women are married as
Besulos) has been weakened
21) [line 19] SAHADEI SHAKAREI - lying witnesses
22a) [line 22] GANAV - thief
b) [line 23] KUVYUSTUS - (a) a kidnapper (RASHBAM, RABEINU GERSHOM; RASHI
to Kidushin 11a); (b) a gambler (specifically, one who rolls "Kuviyos," or
dice) (TOSFOS; RABEINU CHANANEL to Kidushin 11a)
23) [line 23] HIGI'O - (lit. he (the slave) has reached him (the buyer)) he
(the buyer) has acquired him (and he cannot retract from his purchase)
24) [line 23] LISTIM MEZUYAN - an armed bandit
25) [line 23] MUCHTAV LA'MALCHUS - a slave upon whom there is a death
warrant from the government that he should be killed by anyone who finds him
(RASHI to Kesuvos 58a)
26) [last line] OMER LO "HAREI SHELCHA LEFANECHA" - [the buyer may say to
the seller,] "Here is yours before you" (that is, he may retract fully from
the purchase and give the slave back to the seller)
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