POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf
Bava Basra 128
BAVA BASRA 126-128 - have been generously dedicated by Dick and Beverly
Horowitz of Los Angeles, California. May they be blessed with a life of joy
and much Nachas from their children and grandchildren.
|
1) RETRACTING AN OFFER
(a) (R. Aba): Reuven charged Shimon 'You stole my slave', and
Shimon denied it;
1. Reuven Why is he by you?
2. Shimon: You sold him or gave him to me! (I will go
beyond the letter of the law) - if you want to swear
that he is yours, you may have him.
3. Once Reuven swears, Shimon cannot retract his offer.
(b) Question: We already learn this from a Mishnah!
1. (Mishnah - R. Meir): Levi told Yehudah 'I allow you
to use for judges (in our case): my father, or your
father, or these three shepherds' - Levi can
retract;
2. Chachamim say, he cannot retract.
(c) Answer: R. Aba teaches that they argue when Levi is the
defendant (he agreed to pay if the invalid judges will
obligate him; all agree that if Levi is the claimant, and
agreed to exempt Shimon if the invalid judges will exempt
Shimon, Levi cannot retract), and that the Halachah
follows Chachamim. (Other Amora'im explain that they only
argue when Levi is the claimant.)
(d) (R. Aba): The Halachah is, a lender can collect slaves
from the borrower's heirs.
(e) (Rav Nachman): He cannot collect slaves.
2) INVALID WITNESSES
(a) (R. Aba): The Halachah is, a third (generation, i.e.
grandson of Reuven) can testify about a second
(generation of Reuven's brother, i.e. Shimon's son).
(b) (Rava): A third can even testify about a first (Shimon
himself).
(c) (Mar bar Rav Ashi): He can even testify about his own
grandfather.
(d) The Halachah does not follow Mar bar Rav Ashi.
(e) (R. Aba): Levi knew testimony about land, then he became
blind - he cannot testify.
(f) (Shmuel): He may testify, e.g. if he knows signs
delineating the borders of the land;
1. He cannot testify about a garment,
(g) (Rav Sheshes): He can even testify about a garment, e.g.
if he knows the length and width;
1. He cannot testify about an ingot.
(h) (Rav Papa): He can even testify about an ingot, e.g. if
he knows its weight.
(i) Question (Beraisa): Reuven knew testimony about Shimon,
then he became his father-in-law, deaf, blind, or insane
- he cannot testify;
1. If he was a valid witness when he saw the testimony,
then he became his father-in-law, deaf, blind, or
insane, and later became valid again (his daughter
died (so he is no longer related), or he regained
his hearing, sight or sanity), he can testify;
2. The general rule is: if he was an invalid witness at
the beginning (when he saw the testimony) or the end
(when he wants to testify), he cannot testify; if he
was a valid witness at the beginning and at the end,
he can testify.
128b---------------------------------------128b
(j) This refutes Shmuel, Rav Sheshes and Rav Papa.
3) OTHERS LAWS OF R. ABA
(a) (R. Aba): One who says (we will explain what) about a
child among children, he is believed;
(b) (R. Yochanan): He is not believed.
(c) Question: What does this mean?
(d) Answer #1 (Abaye): One who says about one of his sons 'He
will inherit all my property', he is believed - this is
like R. Yochanan ben Brokah (130A);
1. R. Yochanan says, he is not believed - this is like
Chachamim.
(e) Objection (Rava): If so, why do they say 'believed' and
'not believed' - they should say 'he inherits' or 'he
does not inherit'!
(f) Answer #2 (Rava): One who says about one of his children
'He is my firstborn', he is believed - this is like R.
Yehudah;
1. R. Yochanan says, he is not believed - this is like
Chachamim.
(g) (R. Aba): If Reuven says 'My wife will receive a share of
my property like one of my sons' - this takes effect.
(h) (Rava): She receives a share of the property he had when
he said this; she receives a share according to the
number of sons he has when he dies.
(i) (R. Aba): Shimon brought a loan document against Levi;
Shimon says that he did not collect any part of it, Levi
says that he paid half, and witnesses testify that he
paid it all - Levi swears that he paid half, and Shimon
collects half from Levi's free (unsold) property;
1. He cannot collect from sold property - the buyer can
say, witnesses testified that it was paid!
2. (If a loan document says 'Sela'im' (implying at
least two), the lender claims five, and the borrower
(Yehudah) admits to three, R. Akiva says that
Yehudah is exempt from swearing, he is like one who
returns a lost object (since he could have said
two).)
3. Only there, R. Akiva considers him like one who
returns a lost object, since there are no witnesses
- but here, Levi admitted to half because he was
afraid of the witnesses (he thought they might come
to support Shimon), therefore he must swear.
(j) Objection (Mar bar Rav Ashi): Just the contrary! Even R.
Shimon ben Elazar only says there that Yehudah must swear
the oath of partial admission because witnesses do not
support him - here, witnesses support Levi (he could have
denied owing anything), he is like one who returns a lost
object, he does not swear.
(k) (Mar Zutra citing Rav Ashi): The Halachah follows R. Aba
in all these teachings.
(l) Question (Ravina): But Rav Nachman argues (he says that
we do not collect from slaves, and the Halachah follows
Rav Nachman in monetary laws)!
(m) Answer (Rav Ashi): We learned that R. Aba also said that
we do not collect from slaves.
Next daf
|