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Previous daf Bava Basra 27
BAVA BASRA 27 & 28 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1a) [line 6] RIBU'A - a square
b) [line 6] IGULA - a circle
2) [line 7] KAMAH MERUBA YOSER AL HA'IGUL? REVI'A! - How much is the area of
a square greater than the area of a circle [whose diameter is the same
length as the side of the square]? One fourth [of the area of the square]!
(See similar subject matter in Insights to Sukah 8:1; see Graphic to Eruvin
3) [line 8] PASHU LEHU - there remain
4) [line 11] MEVI V'KOREI - he brings Bikurim and recites the "Mikra
See Insights to Bava Basra 26:24.
5) [last line] PE'AH
The corner, or end, of the harvest must be left in the field for the poor,
as it states "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov
Osam." - "Do not completely harvest the corner of your field... you shall
leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and
the stranger" (Vayikra 19:9-10).
6) [last line] KOSVIN ALAV PRUZBUL - a Pruzbul is written with regard to it
(the smallest amount of land) (PRUZBUL - A document allowing the collections
of loans after Shemitah)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels
loans at the *end* of the year, on the last day of the month of Elul.
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah
year was approaching out of fear that that they would not get their money
back because the debt would be annulled by the Shemitah year. By doing so,
they were transgressing an express command of the Torah *not* to refuse to
lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the
"Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich),
effectively creating a means to avoid having Shemitah annul one's debts, as
long as the borrower owns some land, even the smallest amount (Shevi'is
(d) In a Pruzbul document, one files a contract with Beis Din, before the
end of the Shemitah year, stating that he is placing all debts owed to him
into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By
doing this, the creditor will not transgress the prohibition of "Lo Yigos"
when he collects the loan after Shemitah, since he will not have to approach
the borrower to collect the loan; Beis Din will take care of the collection
and he will approach Beis Din. Beis Din, too, does not have to approach the
borrower to collect the loan, since Beis Din can simply collect it
themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos
89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A
Pruzbul only allows a person to collect the loan after Shemitah if the
borrower has land. It is unusual for a person to lend money to a person
without land, and the Rabanan did not institute the use of Pruzbul for
unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul).
Alternatively, Pruzbul permits a person to collect a loan after Shemitah
because the moment one allows Beis Din to collect his loans, it is as if
they are already collected, and in his possession, immediately (since
nothing can stop Beis Din from collecting the loan). This is also the reason
the borrower must own land in order for Pruzbul to permit the collection of
the loan. It is only if he has land that Beis Din can easily collect the
loan. If the borrower only has movable possessions, it is possible for him
to prevent Beis Din from collecting them by hiding them from Beis Din.
Therefore they are not considered to have entered the creditor's possession
until they are actually collected as payment. (RASHI to Bava Kama 12a DH
7) [line 1] NIKNIN IMAH NECHASIM SHE'EIN LAHEM ACHRAYUS (NECHASIM SHE'EIN
LAHEM ACHRAYUS NIKNIN IM NECHASIM SHE'YESH LAHEM ACHRAYUS B'CHESEF BI'SHTAR
(a) When a person purchases Nechasim she'Yesh Lahem Achrayus (immobile
goods such as land) along with Nechasim she'Ein Lahem Achrayus (mobile goods
such as a flowerpot), as soon as he makes a Kinyan of Kesef (paying money),
Shtar (handing over a contract) or Chazakah (enhancing the land with the
intention of buying it) on the land, he concurrently buys the mobile goods,
also (Kidushin 26a and RASHI ibid.).
(b) The word Achrayus in this context means that people will trust a
borrower who owns land (even the smallest amount) since they can expect to
extract payment from the land should the borrower not have the money to pay
back his loan (RASHI ibid.).
8a) [line 4] TEVEL (TERUMOS AND MA'ASROS)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser
Sheni produce outside of the walls of Yerushalayim receives Malkos (RAMBAM
Hilchos Ma'aser Sheni 2:5).
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
b) [line 4] CHULIN
Produce grown in Eretz Yisrael from which the Terumos and Ma'asros have been
removed is known as Chulin. There are no limitations as to how, where or by
whom it may be eaten. Produce grown outside of Eretz Yisrael (Chutz
la'Aretz) does not need to have Terumos and Ma'asros removed from it, and as
such, it is considered Chulin from its inception.
9) [line 7] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah does not work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. Example: If a
person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates "if my Rebbi is *presently* staying in
a village towards the East, I would like the Eastern Eruv to work, if not, I
would like the Western Eruv to work." The man making the Eruv may not know
where his Rebbi is, but when he finds out, the Eruv will have taken effect
on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely
10) [line 9] MAFSIK TZUNMA - [where] a rock or very hard soil separates [the
field from the place where the person wants to plant the tree]
11) [line 10] HADREI ARVEI - [the two separate parts of the tree roots]
reunite [in the trunk]
12) [line 15] AKCHUSHEI LO MAKCHESHEI - they do not weaken [the ground
around the pit]
13) [line 24] KOTZETZ MELO HA'MARDE'A AL GABEI HA'MACHAREISHAH - one is
permitted to cut branches up to the height of the ox-goad that one holds
(upright) above the plow (so that there is sufficient room for someone to
get under them while plowing)
14) [line 24] KENEGED HA'MISHKOLES - (lit. along the plumb-line) any
branches that jut across the border into his property, were he to stand at
the top of the tree holding a plumb-line above the border of his property
15) [line 25] BEIS HA'SHELACHIN / HA'SHALCHIN - a field that receives its
water from irrigation or a wellspring (usually located on a mountain --
RASHI to Moed Katan 2a)
16) [line 32] GAMAL TA'UN PISHTAN - a camel loaded with flax
17) [line 32] CHAVILEI ZEMOROS - bundles of branches
18) [line 33] MIPNEI HA'TUM'AH (TUM'AS OHEL)
(a) A k'Zayis of the flesh of a *Mes* (corpse) is an "Avi Avos ha'Tumah" and
is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the
same room (lit. tent). An Ohel is defined as a covered space that is at
least one Tefach in length, width and height). If a person becomes Tamei by
touching a *Mes*, he must wait seven days to go to the Mikvah. Furthermore,
on the third and seventh days he must have Mei Chatas (water mixed with
ashes of the Parah Adumah) sprinkled on him.
(b) In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is
passing through it and does not stop moving. A person who enters an Ohel
ha'Mes becomes Tamei even if only a bit of his body enters, even when
entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents
the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)
(c) The bones of a Mes are only Metamei through Ohel under one of three
conditions: 1. They constitute a quarter of a Kav (Rova Ha'kav); 2. They are
the majority of the human body (whether they are the majority of the *build*
(Rov Binyano) of the body or the majority of the *number* (Rov Minyano) of
248 bones; 3. The bone is a complete skull or a complete spinal column. In
order to be Metamei through Maga and Masa, it is enough for the bone to be
the size of a Se'orah (a grain of barley).
(d) When an object that can be Metamei b'Ohel is located in an Ohel, the
Ohel makes everything in it Tamei and protects anything that is above it
from becoming Tamei. That is, an Ohel is *Mevi* Tum'ah (spreads Tum'ah
inside of it) and is *Chotzetz* from Tum'ah (intervenes between the Tum'ah
and the space above the Ohel, preventing Tum'ah from spreading above it). If
the object of Tum'ah in our Sugya is located below the tree, the branches
above it create an Ohel over the Tum'ah.
(e) However, not all objects that cover Tum'ah are Mevi and Chotzetz. There
are objects that are Mevi and not Chotzetz and other objects that are
Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz
(Ohalos 8:5). An object that is flying through the air, such as a bird or a
Talis that is carried or caught up by the wind, are not Ohalim and are not
Mevi or Chotzetz, even if they are one Tefach wide.
19) [line 35] CHALAL - a hollow space such as a cave
20) [line 42] EFSHAR D'GACHIN V'CHALIF TUSEI - it is possible for him to
bend down and get under it
21) [line 43] MIPNEI OHEL HA'TUM'AH
See above, entry #18.
22) [line 44] DILMA MAISI OREV TUM'AH - lest a crow bring [a piece of flesh
or other item of] Tum'ah
23) [last line] V'SAGYA BED'CHALULEI - (a) and it would be sufficient to
thin out (lit. *hollow* out) the branches so that the object of Tum'ah does
not get stuck in the tree (RASHI); (b) according to the reading V'SAGYA
*B'DACHLULEI* - and it would be sufficient to set up a *scarecrow* to ward
off the crows that may chance to bring an object of Tum'ah here ("Dechilu"
is the Aramaic equivalent of "Pachad," "fright") (TOSFOS DH b'Dachlulei)