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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Basra 145
BAVA BASRA 145 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben
Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in
law, Jeri & Eli Turkel of Raanana, Israel.
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Questions
1)
(a) We have already learned that the Kesuvah of a Besulah is two hundred
Zuz, and of an Almanah, one hundred (a Manah). The Tana mentions this in
connection with a betrothed woman, even though a betrothed woman does not
normally receive a Kesuvah - because he is speaking in a case when the
Chasan wrote her one.
(b) Rebbi Nasan then says that whether or not, a woman is obligated to
return her Kidushin money or not, depends upon local Minhag. What is strange
about Rebbi Yehudah ha'Nasi's subsequent statement is - the fact that he
seems to mimic what Rebbi Nasan just said.
(c) We try to establish the Machlokes - by whether the Kalah can claim 'T'nu
Li Ba'ali ve'Esmach Imo' or not.
(d) After amending Rebbi Nasan's statement to pertain specifically to where
the Kalah died, Rebbi Yehudah ha'Nasi - adds that either way, where the
Minhag is to return the money, she must return it.
2)
(a) We refute this suggestion however. On the assumption that both Tana'im
agree that the woman can say 'T'nu Li Ba'ali ve'Esmach Imo' (like Rav Yosef
bar Aba ... Amar Shmuel) they argue - in a case where specifically the Kalah
died.
(b) And the basis of their Machlokes is - whether a Chasan gives the
Kidushin money unconditionally (even in the eventuality that the Kalah dies
and the money has been wasted [Rebbi]), or only on condition that they
eventually marry (Rebbi Nasan).
(c) The Tana's words 'Makom she'Nahagu Lehachzir' - must then pertain to
Sivlonos, the trinkets that the Chasan sends the Kalah after the Kidushin
(which even Rebbi Nasan concedes, he gives her unconditionally).
(d) And we connect this Machlokes with a Machlokes Tana'im in another
Beraisa. In a case where a man betrothed a woman with a Kikar - twenty-five
Manah, Rebbi Meir says that if she is a Besulah, she will claim two hundred
Zuz for her Kesuvah, and if she is an Almanah, a Manah (over and above the
Kidushin-money, which she is not obligated to return).
3)
(a) Rebbi Yehudah rules - that the woman claims her Kusevah out of the Kikar
and returns the rest.
(b) The Beraisa cannot be speaking when ...
1. ... the Kalah died - because then she would lose her Kesuvah.
2. ... the Chasan died - because, having just concluded that everyone agrees
that she is not then required to return the Kidushin money, why does Rebbi
Yehudah say that she is.
(c) The Tana must therefore be speaking about a Kalah who committed
adultery. He cannot however, be referring to an Eishes Yisrael who ...
1. ... committed adultery - because then she would lose her Kesuvah (so why
do the Tana'im grant her the Kesuvah)?
2. ... was raped - because then, she would be permitted to return to her
husband, and there would be no justification to force her to return the
Kidushin.
(d) We finally establish the Beraisa by an Eishes Kohen who was raped. The
basis of the Machlokes between Rebbi Meir and Rebbi Yehudah is - whether
'Kidushin le'Tivu'in Nitnu' (Rebbi Meir), or not (Rebbi Yehudah).
4)
(a) Rebbi Yossi is cited as a third opinion in the Beraisa. According to
him, in a case where her husband betrothed her with ...
1. ... twenty Shekalim (eighty Zuz or Dinrim) - he must now give her thirty
half-Shekalim (sixty Zuz).
2. ... thirty Shekalim (a hundred and twenty Zuz) - he must give her twenty
half-Shekalim (or forty Zuz).
(b) Assuming that we are speaking about an Almanah, the significance of
these amounts is - that they comprise the balance of the Kesuvah of an
Almanah after she has returned half the Kidushin money.
(c) Rebbi Yossi's reasoning is - based on his Safek whether 'Kidushin
le'Tivu'in Nitnu (like Rebbi Meir and Rebbi Yehudah ha'Nasi) or not (like
Rebbi Yehudah and Rebbi Nasan).
5)
(a) According to the Neherda'i, when Rav Yosef bar Minyumi Amar Rav Nachman
said that Bavel is a place where the Minhag is for the Kalah to return the
Kidushin money - he was referring to Neherda'a.
(b) As far as the rest of Bavel is concerned, Rabah and Rav Yosef hold
'Mohari Hadri, Kidushi Lo Hadri'. Sivlonos constitutes - the gifts that a
Chasan sends the Kalah after the Kidushin, whereas Mohari - comprises the
money that he sends her at the time of the Kidushin, with the intention that
it is written into the Kesuvah (which is why it is called 'Mohari' [another
name for Kesuvah]).
6)
(a) Rav Papa rules that, irrespective of which of them dies, Mohari must be
returned, and the same will apply if either of them retracts. The difference
between the Chasan retracting and the Kalah is - that in the former case,
the Kalah does not need to return the Kidushin-money, whereas in the latter
case, she does.
(b) Ameimar disagrees with the final ruling of Rav Papa. In his opinion -
the Kalah never returns the Kidushin-money, in case this will cause people
to jump to conclusions, assume the Kidushin to be annulled and permit the
Chasan to marry the Kalah's sister (in her lifetime).
(c) Rav Ashi argues with Ameimar - on the grounds that the Get precludes
such a possibility.
(d) We conclude however, that Rav Ashi is a joke - since there are people
who were present when the Kalah returned the Kidushin, but not when the
Chasan gave her the Get.
145b---------------------------------------145b
Questions
7)
(a) The Beraisa lists five specifications pertaining to Shushbinus. The
first three are; that it can be claimed in Beis-Din; that it must be repaid
in its time, that it is not subject to Ribis, and the final two - that
Shemitah does not negate it (even though it is a loan) and that a Bechor
does not take double (as we learned earlier in the Sugya).
(b) It can be claimed in Beis-Din, because it is considered a loan, and a
Bechor cannot claim double, because it is Ra'uy, as we already learned. The
reason that it is not subject to ...
1. ... Ribis is - because he is under no obligated to pay more, in fact if
he wants to, he may pay less, only it is customary, due to the prevalent
Simchah, to give generously (sometimes more than the amount that one
received).
2. ... cancellation in the Sh'mitah-year - because assuming that the
Shushbin only married after the Sh'mitah-year, it was not due to be claimed
before that, and whatever is not subject to "Lo Yigos" (due to be claimed
before the Shemitah-year), is not subject to be canceled when it terminates.
8)
(a) Rav Kahana presents the rules of Shushbinus (with regard to
reciprocation). If Reuven participated in Shimon's wedding, Shimon is
obligated to reciprocate as long as he is in town. When Rav Kahana says
'Shama Kal Tivla, Iba'i Leih le'Meisei', he means - that if he hears the
sound of the wedding-bells (a Jewish Minhag, believe it or not [to inform
people that the wedding was taking place]), he ought to make his way to the
wedding-hall to participate, an is therefore obligated reciprocate.
(b) The truth of the matter is - that even if Shimon did not hear the bells
ringing, he nevertheless remains obligated to fulfill his Shushbinus (to
send gifts), though he does have the right to complain to Reuven for not
informing him of the time and date of his wedding.
(c) If he was unaware that Reuven's wedding was taking place, he may
deduct - one Zuz from the value of the presents, because a guest normally
eats a Zuz-worth at a wedding.
(d) That is the minimum however. He may deduct ...
1. ... as much as half - if the value of the presents amounted to four Zuz
(because then, they would serve him more food).
2. ... anything in between - depending on his status and the value of the
gifts.
9)
The Tana of the Beraisa rules that, in a case where Shimon ...
1. ... made a big wedding, and Reuven is now making a small one (perhaps
because times are tough) - Shimon is entitled to decline to reciprocate,
seeing as Reuven did not arrange a big wedding like he did.
2. ... married a Besulah, and Shimon is now marrying an Almanah - Reuven may
decline (because, in both cases, he undertook to reciprocate only because he
anticipated the same degree of Simchah as there was at his wedding).
3. ... celebrated a second wedding whilst Reuven is now celebrating his
first - he is entitled to decline to reciprocate (though for exactly the
opposite reason [because he does not like excessive Simchah]).
4. ... married one woman, and Reuven is now about to marry two (on two
different occasions [see Tosfos DH 'Asah']) - he can also decline to attend
both weddings and reciprocate twice (even to give him two small presents
instead of one big one [because of the extra trouble involved]).
10)
(a) The Beraisa writes 'Atir Nichsin, Atir Pumbi, Zeh Hu Ba'al Agados', by
which he means - that by 'Someone who is rich in property and in publicity',
Chazal are referring to a Ba'al Agadah (a Darshan), who Darshens everywhere
(because his D'rashos do not require much depth), and everyone comes to
listen to him.
(b) An 'Atir Sil'in, Atir Taku'a' - is a banker (who makes his fortune by
handling coins). The Tana is referring to a Ba'al Pilpul.
(c) Besides comparing such a person to someone who owns much property (like
in the Pasuk "ve'Ya'akov Taka Ohalo") - 'Atir Tako'a' might also be a
reference to oil (because Tako'a was the name of a place that was rich in
oil).
11)
(a) 'Anshei Mashach Atir Kamas' means - 'Men of measure, men of stores'
meaning men who own large stores of corn, which is measured and put away in
storehouses (and not always put to use, like the ...
(b) ... Ba'al Shemu'os, who has valuable stores of knowledge which he does
not always put to use.
(c) When the Tana says 'ha'Kol Tzerichin le'Mari Chitaya', he means - that
just like everybody needs the wheat-seller, so too, does everybody need the
Ba'al Gemara (without whom one cannot understand the Mishnayos [the source
of the oral teachings]).
12)
(a) Rebbi Zeira Amar Rav attributes the Pasuk "Kol Yemei Ani Ra'im" to the
Ba'al Gemara - who has to toil to understand the Mishnah, and "ve'Tov Leiv
Mishteh Tamid" to the Ba'al Mishnah - who has an easy time with his shallow
understanding of the Mishnah.
(b) Rava reverses the D'rashos, to conform with Rav Mesharshaya, who
explains the Pasuk "Masi'a Avanim Ye'atzev Bahem, Boke'a Eitzim Yisachen
Bam", which means - 'One who hews stones is hurt by them, whilst one who
chops logs of wood is warmed by them.
(c) According to Rav Mesharshaya ...
1. ... "Masi'a Avanim Ye'atzev Bahem" - refers to the Ba'alei Mishnah ...
2. ... "Boke'a Eitzim Yisachen Bam" - to the Ba'alei Gemara ...
(d) ... because the Ba'alei Gemara understand what they learn and benefit
from it, whereas the Ba'alei Mishnah derive no benefit from their half-baked
knowledge of the Mishnah.
13)
(a) Rebbi Chanina attributes the Pasuk "Kol Yemei Ani Ra'im" to someone who
has a bad wife, and Rebbi Yochanan, to a finicky person. They then interpret
"ve'Tov Leiv Mishteh Tamid" - to someone with a good wife and someone who is
easy-going, who is not perturbed easily, respectively?
(b) Rebbi Yochanan attributes "Kol Yemei Ani Ra'im" to someone who is
excessively merciful, and "ve'Tov Leiv Mishteh Tamid" to one who is cruel
(whom nothing can move). The final explanation of this Pasuk is given by
Rebbi Yehoshua ben Levi - who attributes "Kol Yemei Ani Ra'im" - to someone
who is short-tempered, and "ve'Tov Leiv Mishteh Tamid"- to someone who is
placid.
(c) In spite of the fact that everyone has food for Shabbos and Yom-Tov
(when the Gaba'ei Tzedakah provide the poor with their needs for the week),
Rebbi Yehoshua ben Levi explains "Kol Yemei Ani Ra'im" like Shmuel, who
says - 'Shinuy Veses Techilas Choli' ('A change of routine is the beginning
of illness').
(d) Shlomoh Hamelech says "Kol Yemei Ani Ra'im", implying that at nighttime,
they enjoy their rest and forget their suffering. ben Sira however, added -
that even at night-time, the poor man suffers, when the water from his
low-placed roof collects all the water dropping from everyone else's roofs,
and the earth that he carried to his top of the mountain vineyards is blown
away.
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