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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 80
BAVA BASRA 80 (28 Sivan) - dedicated to the memory of Hagaon Rav
Yisroel Zev [ben Rav Avrohom Tzvi] Gustman ZT'L (author of
"Kuntresei Shi'urim" and renowned Dayan of pre and post-war
Vilna) on his Yahrzeit, by a number of students who merited to
study under him: Harav Lazar Stern and Harav Zalman Stern of
Brooklyn; Yechiel Wachtel and Michoel Star of Yerushalayim.
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1) ONE WHO BUYS THE YIELD OF A DOVECOTE OR HIVE
(a) (Mishnah): If Reuven buys the offspring of Shimon's
dovecote, Shimon retains the first litter of chicks
(normally, a male and female);
(b) If he buys the offspring of Shimon's hive, he gets the
first three litters of bees, (then) he (Shimon) is
Mesares (this will be explained);
(c) If he buys the loaves of honey of the hive, Shimon
retains two loaves (to sustain the bees in winter);
(d) If he buys the rights to cut Shimon's olive trees, he
must leave Shimon two branches.
(e) (Gemara - Beraisa) Contradiction: Shimon retains the
first two litters of chicks.
(f) Answer (Rav Kahana): Regarding the first litter (and
every litter Shimon is entitled to keep), Shimon retains
its first litter (lest the new mother leave Shimon to be
with its offspring);
1. Counting from the mother of the first litter, Shimon
retains also its second (and third and fourth...)
generation of firstborn litters.
(g) Question: Why does Shimon retain the first litter of the
first litter? Just as the mother will remain on account
of her offspring and her mate, the daughter will remain
on account of her mother and her mate!
(h) Answer: A mother is insistent to remain by its offspring,
offspring are not insistent to remain by their mother.
(i) (Mishnah): If he buys the offspring of Shimon's hive, he
gets the first three litters of bees, (then) he is
Mesares.
(j) Question: How does Shimon Mesares (sterilize the bees)?
(k) Answer #1 (Rav Yehudah): He gives them mustard to eat.
1. (R. Yosi b'Rebbi Chanina): This does not sterilize
them; rather, the sharp taste causes them to eat
their honey;
i. Once satiated, they do not reproduce, rather,
they make honey (Rashbam; R. Chananel - in the
holes (where they ate the honey) new bees will
be born next year, they belong to Shimon).
(l) Answer #2 (R. Yochanan): Reuven is Mesares (alternates)
when taking three litters, i.e. he gets the first, third
and fifth.
(m) Answer #3 (Beraisa): Reuven takes the first three
litters, after this he is Mesares, i.e. alternates,
leaving every second litter for Shimon.
2) THE TUM'AH OF HONEY
(a) (Mishnah): If he buys the loaves of honey of the hive,
Shimon retains two loaves.
(b) (Rav Kahana): Honey (even) in a hive is always considered
food (i.e. receives Tum'ah, even though sometimes it is
likely that the bees will eat it, unless he designated it
for the bees; alternatively - honey is considered food
only in its hive, but if it flows out, it receives Tum'ah
like a drink, unless he explicitly planned to eat it).
(c) Inference: He holds that it receives Tum'ah even without
intention (to eat it).
(d) Question (Beraisa): Honey in a hive is neither a food nor
a drink.
(e) Answer #1 (Abaye): The Beraisa refers to the two loaves
(that sustain the bees in winter).
(f) Answer #2 (Rava): The Beraisa is like R. Eliezer.
80b---------------------------------------80b
1. (Mishnah - R. Eliezer): A beehive is like land: we
may write a Pruzbul if the borrower has a beehive,
it cannot become Tamei in its place, one who takes
honey from it on Shabbos (b'Shogeg) brings a Chatas;
2. Chachamim say, it is not like land: we may not write
a Pruzbul unless the borrower has proper land, it
can become Tamei in its place, one who takes honey
from it on Shabbos is exempt.
i. (R. Elazar): R. Eliezer learns from "Va'Yitbol
Osah b'Ya'aros ha'Devash": why are forests
mentioned in connection with honey?
ii. Answer: Just as uprooting from a forest is a
Melachah, also taking honey from a hive is a
Melachah (because the Torah considers it
attached; therefore, it does not receive
Tum'ah).
(g) Question (Beraisa): Honey that flows from a hive is
neither a food nor a drink.
1. This is not difficult for Abaye - the Beraisa refers
to the two loaves;
i. Since they did not receive Tum'ah in the hive,
they do not receive Tum'ah when they flow out
(until he intends to eat them).
2. This is difficult for Rava!
(h) Answer #1 (Rav Zvid): The case is, it flowed onto a
repulsive vessel (it is unlikely that a person will eat
it).
(i) Answer #2 (Rav Acha bar Yakov): The case is, it flowed
onto chips of wood (great toil would be needed to gather
it to eat it).
(j) Question (Beraisa): Honey in a hive is neither a food nor
a drink;
1. If he had intention to eat it, it receives Tum'ah
like a food; if he had intention to drink it, it
receives Tum'ah like a drink,
2. This is not difficult for Abaye - the Beraisa refers
to the two loaves;
3. This is difficult for Rava!
(k) Answer: The Beraisa should say 'If he had intention to
eat it, it does not receive Tum'ah like a food; if he had
intention to drink it, it does not receive Tum'ah like a
drink.
(l) Support (for Rav Kahana - Beraisa): Honey in a hive
receives Tum'ah like a food, even without intention to
eat it.
3) ONE WHO BUYS THE RIGHT TO CUT TREES
(a) (Mishnah): If he buys the rights to cut Shimon's olive
trees, he must leave Shimon two branches.
(b) (Beraisa): One who buys a tree to cut, he must leave a
Tefach (for the original owner, from which the tree will
regenerate);
1. Regarding a virgin sycamore tree (it was never
pruned), he must leave three Tefachim; for a
(pruned) sycamore stump, he must leave two Tefachim;
2. Regarding reeds and vines, he must cut above the
bulge (from which they branch out);
3. Regarding date trees and cedar trees, he digs and
uproots the entire tree, for the stump will never
grow back.
(c) Contradiction: A virgin sycamore does not need three
Tefachim!
1. (Mishnah): One may not cut a virgin sycamore in
Shemitah, for this promotes its growth;
2. R. Yehudah says, one may not cut it normally; either
he leaves 10 Tefachim, or cuts the entire stump.
i. Inference: Cutting the entire stump is
detrimental, leaving any amount is beneficial
(it will grow back)!
(d) Answer (Abaye): Leaving three Tefachim is beneficial (it
will grow back); cutting the entire stump is detrimental,
1. Leaving something less than three Tefachim is
neither beneficial nor harmful;
i. Regarding Shemitah, we cut in a way that is
harmful; regarding business, we cut in a
beneficial way.
(e) (Beraisa): Regarding reeds and vines, he must cut above
the bulge;
1. Regarding date trees and cedar trees, he digs and
uproots the entire tree, for the stump will never
grow back.
(f) Question: Is it really true that cedar stump will never
grow back?!
1. Question (R. Chiya bar Lulaini): "Tzadik ka'Tamar
Yifrrach k'Erez..." - why are Tzadikim compared to
date and cedar trees?
2. Answer (R. Chiya): If it only mentioned cedar trees,
one might have thought that Tzadikim do not yield
fruits;
3. If it only mentioned date trees, one might have
thought that Tzadikim do not regenerate (they die
without righteous children; alternatively, if they
fall, they do not get up).
(g) Answer: The Beraisa discusses different types of cedars,
their stumps do not grow back.
1. (Rabah bar Rav Huna): There are 10 types of cedars:
"Erez (cedar) Shitah (pine) va'Hadas (myrtle) v'Etz
Shemen (balsam)...Berosh (box tree) Tidhar (teak?)
u'S'ashur (?)";
2. Question: These are only seven!
3. Version #1 - Answer (Rav Dimi): There are also
Alonim (pistachio), Almonim (oak) and Almugim
(coral).
4. Version #2 - Answer (Rav Dimi): There are also
Aronim (laurel), Armonim (chestnut) and Almugim.
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