POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 12
BAVA BASRA 12 - dedicated by Rabbi Kornfeld's father in memory of his aunt,
Malka Gitel bas Reb Yakov Mordechai (Malvina Marmorstein), who took him into
her home and raised him like her own child after the Holocaust. Her Yahrzeit
is 20 Nisan.
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1) CLOSING OPENINGS
(a) (Beraisa - Rebbi): If he once had an opening to another
Mavuy and closed it, they cannot stop him from re-opening
it.
(b) (Rava): This is only if he did not remove the doorposts
and lintel, but if he did, the others can stop him.
(c) Support (Abaye - Beraisa): A sealed house (i.e. the
opening was sealed) receives four Amos when dividing a
Chatzer;
1. If he removed the doorposts and lintel, it does not
receive four Amos.
(d) If Tum'as Mes is inside a sealed house, only the
(interior and) doorway becomes Tamei;
1. If he removed the doorposts and lintel, all around
the house is Tamei.
(e) (Rabah bar bar Chanah): If Mavo'os are open to a road
leading to another city, and people of this city want to
close them, people of the other city can stop them.
1. This is not only if there is no other path between
the cities, rather, even if there is another path,
on account of Rav Yehudah's law.
2. (Rav Yehudah): It is forbidden to ruin a path which
the public has been using.
(f) (Rav Anan): If a Mavuy is open to the public domain, and
people of the Mavuy want to put doors there, people of
the city can stop them.
(g) Assumption: This is forbidden only within four Amos of
the public domain, on account of R. Zeira's law.
1. (R. Zeira): The four Amos adjacent to the public
domain are like the public domain.
(h) Rejection: No - R. Zeira's law is regarding what is
considered a public domain in regards to Safek Tum'ah;
1. Rav Anan's law is because sometimes the public
domain is crowded, and people enter the Mavuy, even
past four Amos.
2) THE SHARE EACH PARTNER MUST GET
(a) (Mishnah): We divide a field only if each will get (an
area fitting to sow) nine Kavim (R. Yehudah says, it
suffices if each gets half this amount).
(b) The Tana'im do not argue - each speaks of the smallest
area considered a field in his region.
(c) Question: What is the law in Bavel?
(d) Answer #1 (Rav Yosef): The amount a person plows in a
day.
1. Question: To which plowing does he refer?
i. If Zara (plowing at the time of sowing, which
is easier than Karva, when the field is
unseeded) - then Karva will takes more than one
day but less than two days (it is wasteful to
have to hire workers or rent animals for part
of a day)!
ii. If Karva - then Zara will take less than one
day (which is wasteful, as above)!
2. Version #1- Answer #1: (Zara takes one day;) he
refers to a place where they plow and replow when
doing Karva, so this takes two days; (Rashi; Tosfos
- in any place, the remainder of the second day of
Karva can be spent replowing, it is not wasteful).
3. Answer #2: The case is, the ground is hard, Zara and
Karva require the same amount of time.
4. Version #2 - Rashi - Answer #1: (Zara takes one
day); the case is, the ground is hard, so it takes
two full days for Karva;
5. Answer #2: He refers to a place where they plow and
replow when doing Zara, so Zara and Karva require
the same amount of time.
(e) Answer #2 (Rav Nachman): If the field is irrigated from a
pit, each must get a share that requires one day for
irrigation.
(f) (Shmuel's father): When dividing an orchard, each must
get (an area fitting to sow) three Kavim.
1. Support (Beraisa - Sumchus): If one says 'I sell you
a portion in a vineyard', he must give three Kavim;
2. R. Yosi says, this has no basis!
(g) Question: What is the law in Bavel?
(h) Answer (Rava bar Kisna): Each must give three groups of
12 trees, this requires a full day to hoe.
3) THE REMNANTS OF PROPHECY
(a) (Rav Avdimi of Cheifah): After the Churban, prophecy was
taken from the prophets and given to Chachamim.
(b) Objection: Are Chachamim unfit to be prophets?!
(c) Answer: He means, even though prophecy was taken from the
prophets, it was not taken from Chachamim.
(d) (Ameimar): A Chacham is better than a prophet - "V'Navi
Levav Chachmah";
1. We attribute a smaller matter to a greater matter
(i.e. the heart of a prophet is less than that of a
Chacham).
(e) Support #1 (Abaye): We see that Chachamim still have
prophecy - different Chachamim often (independently) say
the same Halachah!
(f) Objection (Rava): That is no proof of prophecy, perhaps
they have the same Mazel (therefore, they reach the same
Halachah)!
(g) Support #2 (Rava): Rather, we learn from the fact that a
Chacham sometimes says something that R. Akiva taught (we
cannot attribute this to having the same Mazel, R. Akiva
was much greater)!
12b---------------------------------------12b
(h) Objection (Rav Ashi): That is no proof, perhaps regarding
that teaching, they have the same Mazel!
(i) Support #3 (Rav Ashi): Rather, we learn from the fact
that a Chacham sometimes says a Halachah that is a
tradition from Moshe from Sinai.
(j) Question: Perhaps he merely guessed the law!
(k) Answer: When he gives a reason, we cannot say he merely
guessed. (Rather, we must say that he Hash-m helped him
reach the Halachah, akin to prophecy.)
(l) (R. Yochanan): After the Churban, prophecy was taken from
the prophets and given to lunatics and children.
(m) Question: What is the case of lunatics with prophecy?
(n) Answer: Like the following.
1. Mar bar Rav Ashi was in the market; he heard a
lunatic saying that the (new) head of the academy in
Masa Machsiya signs his name 'Tivyomi' (this is how
Mar bar Rav Ashi used to sign; he realized that
Hash-m wanted him to be the head). He headed there;
before he arrived, the Rabanan voted that Rav Acha
mi'Difti would be the head. When they heard that Mar
bar Rav Ashi was coming, they sent two messengers to
ask his opinion.
2. Mar bar Rav Ashi detained the messengers; they sent
two more, and Mar bar Rav Ashi kept detaining them
until there were ten; he then started expounding
(and they chose him to be the head).
i. He waited for ten, for we do not teach laws at
Kalah with less than ten Talmidim.
3. Rav Acha mi'Difti: When Hash-m starts acting harshly
to a person (such as myself, I was not made the
head), He is not quick to reverse this; when Hash-m
starts bestowing good to a person (such as Mar bar
Rav Ashi), He is not quick to reverse this.
(o) Question: What is the case of children with prophecy?
(p) Answer: Like the case of Rav Chisda's daughter.
1. Rava and Rami bar Chama were in front of Rav Chisda
and his daughter; Rav Chisda asked her which she
wants to marry. She said that she wants to marry
both.
2. Rava: I will marry her after you. (And so it came to
pass.)
(q) (Rav Avdimi of Cheifah): Before a person eats, he has two
hearts (he is indecisive); after eating, he has only one
- "V'Ish Navuv Yilavev" (a hollow person (i.e. before
eating) has two hearts);
1. Also, it says (regarding the Altar) "Nevuv Luchos",
which is translated 'Chalil Luchin (hollow inside
the boards)';
(r) (Rav Huna brei d'Rav Yehoshua): Drinking wine regularly
opens even a blocked heart - "V'Sirosh Yenovev Besulos".
4) RECEIVING ADJACENT FIELDS
(a) (Rav Huna brei d'Rav Yehoshua): Obviously, we give a
firstborn his normal and extra portion next to one
another.
(b) Question: Do we do this for a Yavam (who also inherits
his brother's portion)?
(c) Answer #1 (Abaye): The law is just the same.
1. Question: What is Abaye's reason?
2. Answer: The Torah refers to a Yavam as a firstborn
to teach this law.
(d) Answer #2 (Rava): "V'Hayah ha'Bechor" - he is like a
firstborn to get a double portion, but not that they are
given together.
(e) Reuven bought land bordering his father's land. His
father died, and Reuven requested the portion bordering
the land he bought.
(f) (Rabah): In a case like this, Kofin Al Midas Sedom (we
force people to benefit others if they will not lose
themselves).
(g) Objection (Rav Yosef): The brothers can say 'We say that
that land is worth more' (whoever wants it will receive a
smaller amount).
1. The Halachah follows Rav Yosef.
(h) (Rabah): If there are two fields, and each borders on a
river, Kofin Al Midas Sedom (Reuven can demand the field
bordering his land; since each field has enough water,
Shimon (his brother) cannot claim he prefers that one).
(i) Objection (Rav Yosef): Perhaps one river will dry up!
Shimon can demand half of each field.
1. The Halachah follows Rav Yosef.
(j) (Rav Yosef): If both fields border on the same river,
Kofin Al Midas Sedom.
(k) Question (Abaye): Shimon can say, I prefer that your
fields be disconnected, so you will need a sharecropper
for each, so my property will be guarded better!
1. The Halachah follows Rav Yosef; we do not honor such
a request.
(l) Version #1 (Rashi): If there are rivers on two adjacent
sides of the field, we divide the field (as illustrated
in Rashi; each brother gets four shares, the distance of
each brother's land from each river is the same).
(m) Version #2 (Tosfos): If there are rivers on two adjacent
sides of the field, we divide the field along the
diagonal (each brother gets a half bordering on one
river).
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