BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Bava Basra 94
BAVA BASRA 91-95 - 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.
1a) [line 1] KITNIS, ROVA - when there is a mixture of Kitnis (see previous
Daf, entry #32) in the wheat, then the buyer must accept up to a quarter of
a Kav of Kitnis per every Se'ah of wheat (i.e. 1/24th)
b) [line 1] AFRURIS, PACHOS ME'ROVA - when there is a mixture of Afruris
(dirt and other foreign matter) in the wheat, the buyer must accept only
less than a quarter of a Kav of Afruris per every Se'ah of wheat, but not
2) [line 3] CHITIN, MEKABEL ALAV ROVA KITNIS L'SE'AH - if he buys wheat,
then he must accept a quarter of a Kav of Kitnis (see previous Daf, entry
#32) per every Se'ah of wheat
3) [line 5] NISHOVES - foreign matter that is blown into the lentils
4) [line 5] ADASHIM - lentils
5) [line 7] MI'AKAR AKREI LEHU - they are uprooted [from the ground together
with their roots, and they are not cut like wheat or barley]
6a) [line 14] IM BA L'NAPOS - if he (the buyer) wants to sift the wheat (to
remove the impurities)
b) [line 14] MENAPEH ES KULO - he may sift it all (and if he finds more
than a quarter of a Kav of impurities per Se'ah, the seller must reimburse
him for all of it, and he cannot claim that the buyer must accept up to a
quarter of a Kav)
7a) [line 15] DINA - it is the law. (According to the law, the buyer is not
required to accept more than a quarter of a Kav of impurities per Se'ah
wheat that he buys, for he expects to receive clean wheat. He only accepts
up to (and including) a quarter of a Kav per Se'ah, since it is not worth
the effort or the expenses to sift the wheat just to remove such a small
amount of impurities.)
b) [line 15] KENASA - it is a penalty. (According to the law, the buyer
*should* be required to accept more than a quarter of a Kav of impurities
per Se'ah of wheat that he buys, because he knows that wheat contains
impurities and he foregoes that amount of wheat that he is not receiving.
However, we penalize the seller and require him to reimburse the buyer when
there is more than a quarter of a Kav of impurities per Se'ah, because such
a large amount does not occur frequently and it is likely that the seller
intentionally mixed the impurities into the wheat.
8) [line 21] (SIMAN KOL TREI SHTAREI D'RAVIN BAR RAV NACHMAN ONA'AH
V'KABLENUSA) - this is a mnemonic device for remembering the proofs that the
Gemara will cite for or against the ruling of Rav Huna, or for whether his
ruling is a "Din" or a "Kenas:"
1. *Kol* refers to "*Kol* Se'ah she'Yesh Bah..." (line 22)
2. *Trei* refers to "Ta Shema, *Shenayim* she'Hifkidu..." (Daf 94b, line 6)
3. *Shtarei* refers to "Ta Shema, *Shtar* she'Yesh Bo Ribis..." (Daf 94b,
4. *D'Ravin bar Rav Nachman* refers to "Ta Shema, d'Tani *Ravin bar Rav
Nachman*..." (Daf 94b, line 23)
5. *Ona'ah* refers to "Ta Shema, *ha'Ona'ah*..." (Daf 95a, line 4)
6. *v'Kablenusa* refers to "Ta Shema, *ha'Mekabel* Sadeh me'Chaveiro..."
(95a, line 12)
9) [line 22] KOL SE'AH SHE'YESH BO ROVA MI'MIN ACHER YEMA'ET - every Se'ah
[of wheat] that has in it a quarter of a Kav of a different species, he must
reduce it (to under a quarter of a Kav) (KIL'AYIM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Although
the term "Kil'ayim" refers to many different types of forbidden mixtures
(see Background to Kidushin 39:23a), our Gemara is referring to Kil'ei
(b) KIL'EI ZERA'IM refers to the prohibition of sowing any two different
types of crops together or within close proximity to each other, as the
Torah states, "Sadecha Lo Sizra Kil'ayim" - "Do not sow different species
(together) in your field" (Vayikra 19:19). One who intentionally
transgresses this prohibition is liable to Malkos.
1. The Mishnayos in Maseches Kil'ayim specify the distance that one must
leave in between different crops.
(c) Our Gemara is discussing planting seeds of one crop, in which there is
mixed a small amount of seeds of another crop. The Mishnah in Maseches
Kil'ayim (2:1) teaches that if the amount of the second species is less than
a quarter of a Kav per Se'ah of the first species, then the second species
is Batel to the first and one is permitted to plant the seeds (see TOSFOS
YOM TOV ibid. who explains the reasoning for this).
2. Crops that grow in a field that has been planted with Kil'ei Zera'im are
not prohibited to be eaten.
3. The prohibition of Kil'ei Zera'im only applies in Eretz Yisrael (Kidushin
10) [last line] MISHUM CHUMRA D'CHIL'AYIM - because of the severity [of the
prohibition] of Kil'ayim
11) [line 1] YAVUR - he must separate [all of the seeds of the second
12) [line 6] MECHEZEI KI MEKAYEIM KIL'AYIM - [although it is not actually
Kil'ayim,] it appears that he is maintaining Kil'ayim [in his field, which
is prohibited, and therefore he must remove all of the other seeds because
of "Mar'is ha'Ayin"]
13) [line 7] SHNAYIM SHE'HIFKIDU ETZAL ECHAD (MANEH SHELISHIS)
(a) If the court suspects one of the two claimants in a court case of
deceiving the court for monetary gain, Rebbi Yosi and the Rabanan disagree
over whether or not Beis Din penalizes both claimants in order that the
deceitful one should admit to his evil intentions.
(b) The exact case in which they argue is as follows: Two people deposit
money in the care of a trustee; one deposits 100 Zuz (one "Maneh") and the
other deposits 200. When they come to collect their deposits, both of them
claim the 200 Zuz.
1. According to the Rabanan, each of the investors receives 100 Zuz (his
honest claim) and the third 100 Zuz, which is under dispute ("Maneh
Shelishis"), is left in escrow.
14a) [line 7] MANEH - a weight or coin equal in value to 25 Sela'im, or 100
2. Rebbi Yosi responds to the ruling of the Rabanan with the words, "Im Ken,
Mah Hifsid Ramai?!" - "If so, what does the scoundrel lose," i.e. "What
incentive will this give the deceiver to abandon his false claim?" Rebbi
Yosi therefore penalizes the claimants and rules that *all* 300 Zuz is left
in escrow, including the first 100 Zuz of both men, to which they were
certainly entitled. As such, the dishonest person has an incentive to
abandon his false claim.
b) [line 7] MASAYIM - 200 [Zuz] (or two Maneh)
15) [line 13] RAMAI - the scoundrel
16) [line 16] RIBIS - interest charged on a loan; see Background to Bava
17) [line 17] KEREN - the principle amount of the loan
18) [line 18] MI'SHE'AS KESIVAH HU D'AVAD SUMA - from the time that the
Shtar was written, he had already done [the transgression of] the fixing of
interest (prohibited by the verse, "Lo Sesimun Alav Neshech" (Shemos 22:24))
19) [line 23] LO ES HA'MOSAR BILVAD HU MACHZIR ELA MACHZIR LO ES KOL
HA'REVA'IN KULAN - not only must he (the buyer) reimburse the extra amount
of land (that the seller inadvertently gave him), but he must return all of
the extra amount of land (that normally the seller would forego). (HEN
CHASER HEN YASER)
(a) The Mishnah later (103b) teaches that when a person sells land and
specifies that he is selling an exact amount, if he inadvertently gives more
land than the specified amount, then the buyer must give him back that extra
land (or pay for it). If the seller inadvertently gives less land than the
specified amount, then he must give back part of the money to the buyer.
(b) If, however, when he sells the land, the seller specifies an amount and
says "more or less," then if he inadvertently gives more land that the
specified amount, the transaction is binding and the buyer need not
reimburse the seller for the extra land. Similarly, if he inadvertently
gives less land that the specified amount, the transaction is binding and
the seller need not reimburse the buyer.
(c) The Mishnah specifies that this is true only when the extra (or missing)
amount of land is equal to or less than a quarter of a Kav per Se'ah of land
(1/24th). If the extra land is more than that amount, then the party who is
losing must be reimbursed.
(d) The Gemara there (104b) quotes Ravin bar Rav Nachman who states that
when the losing part party is reimbursed, he is reimbursed for *all* of the
extra (or missing) land, and not just for the amount that surpasses the
amount of one quarter of a Kav per Se'ah.