REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Basra 85
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1)
(a) Rav and Shmuel both rule that a receptacle belonging to the purchaser
acquires everywhere but for the Reshus ha'Rabim. What do Rebbi Yochanan
and Resh Lakish say?
(b) How do we qualify the statement 'Keilav shel Adam Koneh Lo'?
2)
(a) According to Rav Papa, there is no dispute. How does he explain 'Afilu
bi'Reshus ha'Rabim' said by Rebbi Yochanan and Resh Lakish, to arrive at
this conclusion?
(b) Then why did they refer to it as 'Reshus ha'Rabim'?
(c) We prove Rav Papa right from a statement of Rebbi Avahu Amar Rebbi
Yochanan. What qualifying statement did he make concerning a person's
receptacles?
3)
(a) The Beraisa discusses four Dinim regarding someone who is selling wine
or oil, the first by a measure which belongs to neither party and in a
Reshus ha'Rabim or a Chatzer that belongs to neither of them (but which they
borrowed for the duration of the sale). To whom do the measured contents
belong ...
- ... until the measuring process is complete?
- ... after it has been completed?
(b) The second Din concerns where the wine or the oil is being poured into
the receptacle belonging to one of them. What is the Din there?
(c) What will be the Din in the third case, where the wine or oil is lying
in the domain of the purchaser?
4)
(a) The fourth Din refers to when the wine or oil is lying in the domain of
the seller or of the guardian. The purchaser then acquires it in one of four
ways, the first through Hagbahah, and the second through Meshichah from the
owner's domain to a Simta, as we learned earlier. What are the third and
fourth ways respectively?
(b) The Tana divides the last Din into two parts, connecting the first two
with a seller, and the second two with a guardian. What would be the
advantage of counting them as two out of the four Dinim (rather than one),
and Reshus Mocher and Reshus Loke'ach as the other two?
(c) Seeing as all four Dinim apply both to Reshus Mocher and to Reshus
Nifkad, why does the Tana lists Hagbahah and Hotza'ah together with Reshus
Mocher, and Kabalah and Sechirus Makom together with Reshus Nifkad?
5)
(a) What are the ramifications of ...
- ... 'Ad she'Lo Nismal'es ha'Midah, le'Mocher'?
- ... 'mi'she'Nismal'es, le'Loke'ach'?
(b) And what are the ramifications of 'Im Haysah Midah shel Echad Meihen,
Rishon Rishon Kanah', assuming that the receptacle belongs to ...
- ... the buyer?
- ... the seller? Will it make any difference if they fixed the price?
(c) We establish this in a Reshus ha'Rabim or in a Chatzer that belongs to
neither of them. How must we qualify a Chatzer that belongs to neither of
them in order to place it in the same category as a Reshus ha'Rabim?
(d) On whom does this Beraisa pose a Kashya?
Answers to questions
85b---------------------------------------85b
6)
How must Rav and Shmuel interpret ...
- ... 'bi'Reshus ha'Rabim'?
- ... 'Chatzer she'Einah shel Sheneihem' (in order to conform with that)?
7)
(a) Rav Sheishes asked Rav Huna whether the receptacle of a purchaser will
acquire on his behalf in the seller's domain. What are the two possible
cases?
(b) Perhaps he will acquire the goods because they are, after all, in his
receptacle, which is considered his own domain. Why, on the other hand,
might he not acquire them?
(c) What does the Mishnah in Gitin say about a husband who threw his wife a
Get which landed in her lap or in her basket?
(d) Why did Rav Nachman protest when Rav Sheishes attempted to resolve his
She'eilah from the latter case (on the assumption that his wife was sitting
in his house at the time)?
8)
(a) Rav Yehudah Amar Shmuel established the Mishnah there where her basket
was hanging from her person; Resh Lakish, where it was tied but not hanging.
What is the difference between the two answers?
(b) How does this refute Rav Sheishes proof?
(c) According to Rav Ada bar Ahavah, the basket is lying between her thighs.
Will it matter if it is also lying on the floor of the husband's house?
(d) How does this explanation (as well as the subsequent ones), serve to
refute Rav Sheishes proof?
9)
(a) Rav Mesharshaya B'rei de'Rav Ami explains that the Mishnah speaks when
her husband was a basket-seller. So what if he was? How does that answer
the Kashya?
(b) Rebbi Yochanan explains that it is the *location* of her lap and of her
basket that acquires on her behalf. How does Rava explain this?
10)
(a) So we try to resolve Rav Nachman' She'eilah from the Beraisa 'bi'Reshus
Mocher, Lo Kanah ad she'Yagbihenah ... '. What do we prove from there,
assuming that the Tana speaks when the goods are placed in the purchaser's
receptacles?
(b) How do we establish the Beraisa to reconcile it with Rav and Shmuel?
(c) And how will we establish the Seifa 'bi'Reshus Loke'ach, Keyvan
she'Kibel Alav Mocher, Kanah Loke'ach'?
(d) By what logic we establish the Reisha by receptacles belonging to the
seller, and the Seifa by receptacles belonging to the purchaser?
Answers to questions
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