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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 63
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BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs.
Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb
Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people
quietly in an unassuming manner and is dearly missed by all who knew him.
His Yahrzeit is 10 Sivan.
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1) EXPLAINING A PERSON'S WORDS
(a) The following is obvious: if Reuven said 'Ploni will
divide my property', he gets half.
(b) Question: What if he said 'Give him a portion of my
property'?
(c) Answer (Ravina bar Kisi - Beraisa - Sumchus): If Shimon
said 'give Ploni a portion in the pit', he gets a quarter
(we are unsure if he gets half or an arbitrarily small
share); Sumchus says, since we are in doubt we divide;
'for the barrel' which means for giving his animals to
drink- an eighth since a half is needed for the animals
and we are unsure if he meant half of the half (a
quarter, or a small share) and therefore we divide the
quarter in half; 'for the pot' - one part in 12; 'for the
pitcher' - one part in 16.
(d) (Beraisa): A Levi sold his field to a Yisrael (Yehudah),
and said 'on condition that the Ma'aser remains mine' -
he keeps the Ma'aser;
1. If he said 'Mine and my son's' - if he died, the
Ma'aser belongs to his son.
2. If he said 'The whole time you have the field', and
Yehudah sold it and bought it back, the Levi has no
more claim to the Ma'aser.
(e) Question: Why does the stipulation work? A person cannot
acquire something (e.g. the Ma'aser) that is not yet in
the world!
(f) Answer: By saying 'on condition that the Ma'aser remains
mine', he kept the Ma'aser for himself.
(g) (Reish Lakish): This (the Beraisa) teaches that one who
sells a house and stipulates 'on condition that the top
is mine', the top is his.
63b---------------------------------------63b
(h) Question: What law do we learn from this?
(i) Answer #1 (Rav Zvid): He is allowed to extend ledges from
it.
(j) Answer #2 (Rav Papa): He is allowed to build another
story on top of it.
(k) Question: According to Rav Zvid, we understand why Reish
Lakish said 'this teaches that', we would not know it
without the Beraisa.
1. But according to Rav Papa, even without the Beraisa,
we would learn this from his extra words!
2. This is left difficult.
2) ACQUIRING THE HEIGHT AND DEPTH
(a) (Rav Dimi of Neharda'a): If Reuven sells his house to
Shimon (and wants to include the pit and cistern), it is
not enough to write 'the depth and height', he must also
write 'from the depth below the earth to the sky'.
(b) Question: Why is this?
(c) Answer: Without specifying, the buyer does not acquire
the depth and height (the seller could dig underneath,
and retains a roof if it has a Ma'akah);
1. Therefore, if he only wrote 'the depth and height',
this would only teach the depth and height;
2. He must also write 'from the depth below the earth
to the sky' to include the pit and cistern and
tunnels.
(d) Support (Mishnah): The buyer does not acquire the pit and
cistern, even though the seller wrote 'the depth and
height'.
1. If you will say that without specifying, the buyer
acquires the depth and height, writing 'the depth
and height', should include the pit, cistern and
tunnels!
(e) Rejection: No, the Mishnah is when he did not write 'the
depth and height'.
(f) Question: But it says, even though the seller wrote 'the
depth and height'!
(g) Answer: No, it means, even though the seller did not
write 'the depth and height', it is as if he wrote it (to
include the depth and height);
1. To include the pit, cistern and tunnels, he must
write 'the depth and height'.
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