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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 102
BAVA BASRA 101-105 - Sponsored by a generous grant from an anonymous donor.
Kollel Iyun Hadaf is indebted to him for his encouragement and support and
prays that Hashem will repay him in kind.
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1) A BURIAL AREA
(a) (Mishnah): If one finds one or two corpses lying
normally, he may move them (bury them elsewhere) with the
earth they are in;
(b) If he finds three corpses: if they (Rashbam - face the
same way, and are side by side, and the outermost ones
are) separated by between four and eight Amos, we
consider the area to be a burial area (he may not move
them);
(c) He checks 20 Amos from them; if he finds another corpse,
he (may not move it, and) checks another 20 Amos from it,
because there are grounds to say that it is also part of
the burial area;
1. Had he found the fourth before the other three, he
could have moved it with its earth.
(d) Question: The Mishnah assumes they came from a burial
cave if between four and eight Amos separate (the
outermost ones, for we assume they were all buried on one
side) - who is the Tana?
1. According to Chachamim, each side is four or six;
according to R. Shimon, it is six or eight!
(e) Answer: It is R. Shimon, according to R. Shimon ben
Yehudah (the side lengths are four and eight):
1. (Beraisa): If one finds three or more corpses and
less than four Amos separate the outermost ones, he
may move them with their earth, the law of a burial
area does not apply;
2. R. Shimon ben Yehudah cites R. Shimon to say, we
ignore those that are too close, if the outermost
ones are separated by between four and eight Amos,
we apply the law of a burial area.
(f) Question: Can we explain the Mishnah like R. Shimon? The
end of the Mishnah is not as anyone!
1. (End of the Mishnah): He checks 20 Amos from them.
i. According to R. Shimon, he should check 22 Amos
(perhaps these were on a short side, eight Amos
from the interior of the cave, the interior is
six long (like the courtyard above), and there
are eight Amos to the short side of the cave in
the opposite direction);
ii. According to Chachamim, he need check only 18
Amos (the short side is six Amos from the
interior, the interior is six, and six to the
end of the opposite cave)!
(g) Answer #1: (The beginning of the Mishnah is R. Shimon,
the end is Chachamim);
1. He checked the first cave on the diagonal (to find
corpses on the long sides), which is (about) eight
Amos; the remaining 12 Amos are (six) for the
interior and (six) for the length of the opposite
cave.
2. Question: He should also check the opposite cave on
the diagonal (which is eight), making 22 in all!
3. Answer: Since he did not find more in the first
cave, we are not stringent to make him check the
opposite cave on the diagonal.
102b---------------------------------------102b
(h) Answer #2: (Rav Shisha brei d'Rav Idi): The entire
Mishnah is R. Shimon;
1. The three corpses found were Nefalim. (A cave for
Nefalim is only six Amos long; the remaining 14 Amos
are (six) for the interior and (eight) for the
length of the opposite cave.)
2. Question: We should say that also the opposite cave
is for Nefalim, and only require checking six for
it!
3. Answer: We do not attribute two caves for Nefalim.
(i) Contradiction: Both Chachamim and R. Shimon contradict
themselves!
1. (Mishnah - R. Shimon): If rows of a vineyard are
less than four Amos apart, it is not considered a
vineyard;
2. Chachamim say, it is considered a vineyard, (if
enough vines remain when) we ignore those that are
too close together.
(j) Answer - part 1 (for R. Shimon): There, a person does not
plant in order to uproot, we assume that he will leave
them all, and they are not planted like a vineyard;
1. Here, we are concerned that people were rushed to
bury a Mes just before Shabbos, and buried him
(abnormally) close to properly spaced corpses.
(k) Answer - part 2: (for Chachamim) It is disgraceful to
bury people so close together, we assume that they
planned to rebury them all elsewhere;
1. A person does plant vines densely, planning to leave
the good ones and uproot the poor ones for firewood.
***** PEREK HA'OMER L'CHAVEIRO ****
2) ARE DITCHES AND ROCKS CONSIDERED PART OF A FIELD?
(a) (Mishnah): Reuven told Shimon 'I sell to you a Beis Kor
(the amount of land in which a Kor of seed is sown) of
earth; there were ditches 10 Tefachim deep or rocks 10
Tefachim tall - they are not considered part of the Beis
Kor;
1. If they were less than 10 Tefachim, they are part of
the Beis Kor.
(b) If he said 'I sell to you *approximately* a Beis Kor of
earth'. even ditches and rocks of 10 Tefachim are part of
the Beis Kor.
(c) (Gemara): If one makes his field Hekdesh at a period in
which Yovel applies, the redemption price is fixed, 50
silver Shekalim for a Beis Chomer of barley (the area in
which a Chomer of barley is sown, this equals a Beis
Kor).
1. If there were ditches 10 Tefachim deep or rocks 10
Tefachim tall, they are (redeemed like regular
Hekdesh, according to their value, they are) not
redeemed like a field; less than 10 Tefachim, they
are like part of the field.
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