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Bava Basra 108

BAVA BASRA 101-108 - 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 2] AIDI D'RAVACH, KAIMA B'GAVEI V'KAFTZAH - since it (the six-Tefach ditch) is wide, it (the animal) can stand in it and jump (by taking a running start) [and get over the fence]
b) [line 4] AIDI D'KATIN, KAIMA A'SEFASEI V'KAFTZAH - since it (the three-Tefach ditch) is small, it (the animal) can stand on its edge and jump [over the fence]


2) [line 7] YESH NOCHALIN U'MANCHILIN - there are those who inherit from, and bequeath to, each other

3) [line 12] HA'ISH ES ISHTO - a man [inherits] his wife (YERUSHAH: YERUSHAS HA'BA'AL)
(a) A husband is entitled to inherit his wife's estate upon her death. The Tana'im argue as to whether the inheritance of a wife's estate by her husband is mid'Oraisa or mid'Rabanan. According to those who rule that it is mid'Rabanan, the Torah law dictates that her estate go to her sons, her father or to her closest blood relative. The Rabanan gave her inheritance to her husband using the power of "Hefker Beis Din Hefker" (see Background to Yevamos 89:13).
(b) According to the Tana'im who rule that the inheritance of the husband is mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then you shall give his inheritance] to his next of kin from his family, and he shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash Osah" as applying to his wife, "and he shall inherit *her*." For this purpose, one of the Amora'im rearranges the verse to read, "... la'Karov Eilav mi'Mishpachto; She'ero, v'Yarash Osah" - "[... then you shall give his inheritance] to his next of kin from his family; and his wife, he shall inherit her" (Bava Basra 111b).

4) [line 12] BENEI ACHAYOS - (a) the sons of sisters (that is, when one sister dies, the son of her sister inherits her) (RASHBAM, 1st explanation); (b) according to the Girsa BENEI *ACHOS* - the sons of a sister (that is, when a brother dies, the son of his sister inherits him) (RASHBAM, 2nd explanation)

5a) [line 14] ACHEI HA'EM - the brothers of the mother [of the deceased]
b) [line 15] HA'ACHIN MIN HA'EM - brothers through the mother (i.e. half-brothers, who do not share the same father)

6) [last line] ASCHULEI B'FUR'ANUSA LO MASCHELINAN - to start with tragedy, we do not start


7) [line 1] "ISH KI YAMUS U'VEN EIN LO, V'HA'AVARTEM ES NACHALASO L'VITO." - "When a man dies and he has no son, you shall pass his inheritance to his daughter." (Bamidbar 27:8)

8) [line 1] TANA, AIDI D'ASYA LEI MI'DERASHA, CHAVIVA LEI - the Tana [wrote this as the first case of the Mishnah], since it is derived through a Derashah, it is beloved to him

9) [line 3] "[V'IM EIN ACHIM L'AVIV, U'NSATEM ES NACHALASO LI']SHE'ERO [HA'KAROV EILAV MI'MISHPACHTO, V'YARASH OSAH...]" - "[If there are no brothers to his father, you shall give his inheritance to] his relative [who is closest to him from his family, and he shall inherit it....]" (Bamidbar 27:11)

10) [line 5] KAROV KAROV KODEM - the closest [relative] comes first (for inheritance)

11) [line 6] L'RABOS ES HA'BEN UL'HOTZI ES HE'ACH - this is to include the son (of the deceased) and to exclude the brother

12a) [line 7] KAM TACHAS AVIV L'YA'ADAH - he takes the place of his father to do Yi'ud with her (YI'UD AMAH HA'IVRIYAH)
(a) A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."
(b) The Torah gives to the master of a Jewish maidservant the option of marrying her by first being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes effect through the money that he initially gave to her father when he purchased her, as described in Kidushin (19a).
(c) If the master does not want to Mekadesh her with "Yi'ud," the Torah allows his son to Mekadesh her with "Yi'ud" (Vayikra 21:9). If neither the master nor the son wants to marry her, no one else may marry her until she is released from servitude.

b) [line 8] LI'SEDEH ACHUZAH - [the son takes the place of his father] with regard to Sedeh Achuzah (SEDEH ACHUZAH)
(a) A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.
(b) If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish redeems it, he must pay to Hekdesh an additional *fifth* (of the ensuing total, or a *quarter* of the original value) of the value of the field.
(c) If the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year, but rather it is not redeemed, or another person redeems it, it is given to the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21). If the Makdish does redeem his field before the Yovel year, then the field returns to its ancestral ownership at Yovel. Similarly, if the *son* of the owner redeems the field, then the field returns to its ancestral ownership at Yovel, as derived from the verse (Vayikra 27:20).

13) [line 9] KAM TACHAS ACHIV L'YIBUM - [a brother] stands in the place of his brother with regard to Yibum [to marry his deceased brother's son]; see Background to Bava Kama 110:29

14) [line 10] HA B'MAKOM SHE'YESH BEN, EIN YIBUM - but in a situation where there is a son [to the deceased man], there is no Yibum at all

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