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Bava Basra Chart #1
(A) SELLING |
(B) GIVING A GIFT(1), OR MAKDISH |
||
---|---|---|---|
1) | REBBI AKIVA (71a) REBBI MEIR (81a) |
b'Ayin Yafah (generous)(2) |
b'Ayin Yafah Yoser Midai (*very* generous)(3) |
2) | RABANAN who argue with Rebbi Akiva (71a) |
b'Ayin Ra'ah (stingy)(4) |
b'Ayin Yafah Yoser Midai (*very* generous)(3) |
3) | REBBI SHIMON (71a, 72a), REBBI MENACHEM B'REBBI YOSI (72b) |
b'Ayin Ra'ah (stingy) |
Mishnah: b'Ayin Yafah(5) (generous) Beraisa: b'Ayin Ra'ah (stingy) |
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FOOTNOTES:
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(1) See Rashbam (71b, DH v'Rav Huna), who explains that, logically, there is
no reason to differentiate between giving a gift and being Makdish and to
make three separate categories (a sale, a gift, and Hekdesh).
(2) The practical differences are that (a) the seller includes in the sale
of a Bor the pathway to get to the Bor, (b) when the seller sells a field
and leaves over the Bor for himself, he does not leave over the pathway for
himself, and (c) when the seller sells two trees, he sells the land between
them as well.
(3) The practical difference is that aside for giving the above-mentioned
objects (footnote #2), the giver also includes in his gift the Bor, Gas,
Shovach, Sadan ha'Shikamah, Charuv ha'Murkav, and the Shomirah plastered
with cement, etc.
(4) The practical difference is that the seller does not sell the things
mentioned above in footnote #2).
(5) That is, he gives generously, "b'Ayin Yafah" (see above, footnote #2) --
but not *very* generously, "b'Ayin Yafah Yoser Midai" (see above, footnote
#3). The Gemara (72b) explains that this does not contradict the view of
Rebbi Shimon in the Beraisa, because in the Mishnah he is expressing his
view of what he thinks the Rabanan (who hold that one is Makdish "b'Ayin
Yafah Yoser Midai") should really hold. Rebbi Shimon is saying that the
Rabanan should *at least* agree that one is not Makdish *very* generously,
but only "b'Ayin Yafah." (It might be that Rebbi Shimon is making the same
argument with regard to a gift, according to the Gemara's conclusion. He is
telling the Rabanan to at least admit that gifts are not given *very*
generously.)
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