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Bava Basra 126

BAVA BASRA 126-128 - have been generously dedicated by Dick and Beverly Horowitz of Los Angeles, California. May they be blessed with a life of joy and much Nachas from their children and grandchildren.

1) [line 1] MILVEH SHE'IMO, PALGEI - a loan that is with him (i.e. that the Bechor himself owed to his father), they split (and the Bechor takes half of his double portion from this loan, since we are in doubt whether the money of this loan has a different status from a loan owed to the father by an outsider, and therefore it is possible that this money is considered Muchzak, and not Ra'uy, and the Bechor should receive a double portion from the money of this loan owed to his father)

2) [line 2] SHE'MICHAH - who protested (he did not want the brothers to improve the property before he received his share, because if he would receive it first and then improve it himself, the value that it improves would belong to him)

3a) [line 3] B'ANAVIM U'VATZRUM - with regard to grapes [that they received, attached to the grapevines,] and then they harvested them
b) [line 3] ZEISIM U'MASKUM - with regard to olives [that they received, attached to the olive trees,] and then they harvested them

4) [line 4] DERACHUM - they pressed them (the grapes or the olives)
5) [line 5] ME'IKARA INVI V'HASHTA CHAMRA - originally [they were] grapes and now [they are] wine (and thus the other brothers should have acquired the grapes through making a change, "Shinuy," in their form, and the Bechor should not be entitled to receive a double portion of the wine)

6) [line 6] DEMEI HEIZEK ANAVAV - [the other brothers must pay to the Bechor] compensation for the damage of the grapes (that is, they must pay him a double portion of the value of the grapes which they were worth before they changed the grapes' form)

7) [line 9] BECHOR SHE'NATAL CHELEK K'PASHUT - a firstborn who willingly took a portion of the estate like an ordinary son (a non-Bechor)

8) [line 14] VITER - he forfeited (the extra portion to which he is entitled as a Bechor, because he showed that he foregoes that extra portion)

The Amora'im argue whether or not a Bechor is considered to have ownership of his double portion before the estate is divided among all of the heirs. The Gemara (126b) concludes that the Halachah follows the opinion that he does own his portion before the estate is divided.

10) [line 23] MID'ACHIL - from the fact that he did forego
11) [line 23] LAV B'FEIRUSH ITMAR, ELA MI'KELALA ITMAR - it was not said explicitly [by Rav Papi or Rav Papa,] rather it was derived through something else they said

12) [line 25] MACHIN'HU - they (the buyers) hit them (the orphans)
13) [line 26] KEROVIM - relatives [of the orphans who ate the fruits of their father's property that was sold without their consent]


14) [line 5] MAR ZUTRA MI'DARISHBA - Mar Zutra, the son of Rishba (SEDER HA'DOROS, DIKDUKEI SOFRIM, where it seem that the letters "Beis" and "Reish" (Mar Zutra *bar* Rishba) were inadvertently switched with the letters "Mem" and "Daleth"). He was a Bechor.

15) [line 5] PALAG B'TZANA D'FILPELEI B'HADEI ACHIN B'SHAVEH - he divided up a basket of peppers together with his brothers, equally (each taking an equal portion, and he did not take a double portion)

16) [line 9] HA'OMER ISH PELONI BENI BECHOR - one who says, "So and so, my son, is the firstborn"

17) [line 11] HISNAH AL MAH SHE'KASUV BA'TORAH - he made a condition that contradicts the laws of the Torah (HA'MASNEH AL MAH SHE'KASUV BA'TORAH)
(a) It is possible to make a Tenai (condition) in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) or Nedarim (vows; see Background to Nedarim 2a) such that the Kinyan or Neder will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).
(b) It is debated among the Tana'im and Amora'im if it is possible to alter a Halachic effect that the Torah or the Rabanan describe, through a Tenai. In the case of the Mishnah here, the Torah states that a man's sons inherit him when he dies. When the man himself states that he does not want one of his sons to inherit his property, he is attempting to contravene a law in the Torah.
(c) Rebbi Yehudah maintains that although a stipulation that conflicts with the laws of the Torah does not take effect, it *does* take effect with regard to a monetary matter (and the rule that it does not take effect applies only with regard to an Isur, such as a person who states that he is a Nazir on condition that he is permitted to become Tamei with Tum'as Mes).

18) [line 12] HA'MECHALEK NECHASAV AL PIV - one (who is a Shechiv Mera) who gives verbal instructions how to distribute his property [after his death, which are not in accordance with the laws of inheritance] (SHECHIV ME'RA)
A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (see Background to Kidushin 48:3:a), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Me'ra may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

19) [line 12] RIBAH L'ECHAD V'MI'ET L'ECHAD - he gave a larger portion to one [son] and a smaller portion to one [son]

20) [line 13] HISHVAH LAHEN ES HA'BECHOR - [with regard to the portions that they will inherit,] he equated the Bechor to them (the other brothers)

21) [line 14] IM AMAR MISHUM YERUSAH - if he said [that he is distributing the property] as an inheritance (as opposed to a gift)

22) [line 17] B'DAVAR SHEL MAMON TENA'O KAYAM - regarding a monetary matter, a stipulation [made contrary to Torah law] is binding (see above, entry #17)

23) [line 19] HAREI AT MEKUDESHES LI - "Behold, you are betrothed (with Kidushin) to me" (KIDUSHIN)
See Background to Kidushin 2:1.

24a) [line 19] AL MENAS SHE'EIN LICH ALAI - on the condition that I am not obligated to you in the following:
b) [line 20] SHE'ER, KESUS V'ONAH - food, clothing and the obligation of a husband with regard to marital relations (the three primary obligations of a husband towards his wife)

25) [line 21] B'DAVAR SHEL MAMON - monetary matters, i.e. food and clothing
26a) [line 24] BECHORI HU - he is my firstborn
b) [line 25] BECHOR HU - he is a firstborn

27) [line 26] DILMA BECHOR D'IMA KA'MAR - perhaps he is saying that the son is a firstborn to his mother

28) [line 29] BUCHRA SUCHLA - foolish Bechor
29) [line 34] SHICHECHAS BRI - Shichechas, my son
30) [line 34] MASI ROKEI - his saliva heals [eye ailments]

(a) A Tumtum is a person whose genitals are covered with skin so that we do not know if he is a male or a female.
(b) Our Gemara teaches that when the skin of a Tumtum was torn open and it was discovered that he was a male, he does not have the status of a male with regard to certain Halachos.

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