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Previous daf Bava Basra 136
BAVA BASRA 136 (25 Av)- dedicated by Mrs. G. Kornfeld for the second Yahrzeit
of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an
exceptional woman with an iron will who loved and respected the study of
1) [line 1] V'KANINA MINEI MOSIF AL MATANTA DA - and I made a Kinyan on it
[giving it to the recipient] in addition to granting it as a gift
2) [line 7] MEHA'YOM UL'ACHAR MISAH - from today [the gift will be yours]
and after [my] death (that is, at the time that the father dies, the gift
will become the son's retroactively from this day. The RASHBAM explains that
the son receives the "Guf," or body, of the property immediately, but he
only receives the rights to the "Peiros," or produce, of the property after
the father dies)
3) [line] CHOLETZES V'LO MISYABEMES - she does Chalitzah but not Yibum
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife -- see Background to Bava
Basra 134:11), as it states in Devarim 25:5-10. Chazal learn from the verses
that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off
his right sandal and spits in front of him. She then declares, "This is what
shall be done to the man who will not build up a family for his brother,"
and she is then free to marry whomever she wants.
(c) In certain situations (such as that of a doubtful marriage or divorce,
like the case of the Mishnah quoted by our Gemara), the woman may not do
Yibum, but may do only Chalitzah.
4a) [line 13] TENA'AH - a condition (i.e. the husband is saying that when he
dies, the Get should take effect from today)
b) [line 13] CHAZARAH - a retraction (i.e. the husband is changing his
mind, and he does not want the Get to take effect today, but to take effect
only after he dies)
5a) [line 14] GUFA - (lit. body) the actual property itself
b) [line 14] PEIRA - (lit. fruits) the produce that the property generates
6) [line 15] CHALASH - he became ill
7) [line 15] AL L'GABEI - he (they) went up to [visit] him
8) [line 16] BA'I MINEI - ask of him
9) [line 17] HALACHAH IBA'I MINEI?! - I should ask him what the Halachah is
[when I do not even know the reasoning of Rebbi Yosi]?!
10) [line 19] BASAR D'NAFKU - after they left
11) [line 20] ZEMANO SHEL SHTAR MOCHI'ACH ALAV - the date of a document
proves from when it goes into effect (and as such, it does not need the
phrase, "from this day")
12) [line 22] B'HAKNA'AH - in [the case of] a Shtar which includes the
wording of a Kinyan (i.e. the Shtar does not merely contain the words, "I
hereby am giving to you this gift for after my death," but rather it
contains the words, "[We, the undersigned witnesses, hereby attest that the
giver of the gift said to us, 'Be witnesses for me and] make a Kinyan from
me, [and write and sign the document']" -- see NIMUKEI YOSEF)
13) [line 23] AKNISA - a Shtar which includes the wording of a Kinyan; see
14a) [line 23] AKNEYEI V'KANINA MINEI - the word "Akneyei" refers to the
wording of "Kinyan" in the beginning of the Shtar, wherein the witnesses
attest that the giver appointed them as witnesses and told them to make a
Kinyan to acquire the gift from him on behalf of the recipient (see above,
entry #12). The words "v'Kanina Minei" refer to the wording of "Kinyan" in
the end of the Shtar, wherein the witnesses write that "we made a Kinyan
from the giver to the recipient in accordance with all that is written and
described above." When this is the syntax of the Shtar -- including
reference to the fact that the giver made a Kinyan to the witnesses, and
that the witnesses made a Kinyan from him -- the additional phrase of a
"Kinyan" implies that the gift takes effect from now. (RASHBAM)
b) [line 24] KANINA MINEI V'AKNEYEI - the words "Kanina Minei" refer to
the wording of "Kinyan" in the beginning of the Shtar, wherein the witnesses
attest that they made a Kinyan from the giver to the recipient. The word
"Akneyei" appears later in the Shtar, and is merely explaining how the
witnesses made a Kinyan (the giver made a Kinyan to them). Since the second
phrase of "Kinyan" can be understood to be merely explaining the first
phrase, it is not considered extra and we cannot infer that the giver meant
for the gift to take effect from now. (RASHBAM)
15) [line 25] V'SAFREI YAD'EI? - and the scribes (who write Shtaros) know?
16) [line 27] UV'DUCHRAN PISGAMEI D'HEVEI B'ANPANA - [and they are arguing
about a Shtar that is merely] a memorandum of the proceedings that occurred
in front of us (this is a Shtar of testimony, describing what occurred, and
not a Shtar that effects a Kinyan)
17) [line 28] ATUN HACHI MASNISU LAH - you, this is how you taught it (i.e.
as a question, and not as a statement)
18) [line 3] KINYAN PEIROS K'KINYAN HA'GUF DAMI
Rebbi Yochanan and Reish Lakish argue as to whether buying fruits that will
be produced (e.g. the fruits of a tree or the slaves to which a maidservant
will give birth) gives the owner of the fruits a certain amount of Halachic
ownership in the object that bore the fruits. In the case of our Gemara, a
son -- whose father gave him the Guf, but not the Peiros, of his property --
sells the property in the lifetime of the father and then the father dies.
if Kinyan Peiros *is* k'Kinyan ha'Guf, then the son -- who has only the Guf
but not the Peiros (the Peiros are in the possession of his father while his
father is alive) -- does not have the right to sell the Guf of the property.
If Kinyan Peiros is *not* k'Kinyan ha'Guf, then the son's sale is valid,
since the father's ownership of the Peiros does not give him the ownership
of the Guf, and thus the son has the rights to sell the Guf.
19) [line 7] MEVI V'EINO KOREI - he brings Bikurim but he does not recite
the "Mikra Bikurim" (BIKURIM)
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah
Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis
Kol Pri ha'Adamah..." - "And it shall be that when you come to the land...
and you inherit it and you settle in it. You shall take of the first fruits
of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard)
of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While
the basket is on his shoulder, he recites the *Mikra Bikurim*, specific
verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt
and giving us the land of Yisrael. He then places the basket of fruit at the
base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim
3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a
Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there.
(d) In certain instances, as our Gemara discuss, the owner only brings the
fruit, without reciting the declaration (Mevi v'Eino Korei).
20) [line 13] ACHULEI ACHIL - he certainly forgoes [the ownership of the Guf
of the property to his son]
21) [line 17] KOL L'GABEI NAFSHEI - anything that is relevant to oneself
22) [line 18] NAFSHEI ADIFA LEI - one's own self is preferable to him
23) [line 24] TIRGEMAH RAV HOSHAYA B'VAVEL - Rav Yoshaya in Bavel explained
it [as follows]
24) [line 24] ACHARECHA SHANI - a case of "Acheracha" is different (and in
such a case, the giver gives both the Peiros and the Guf to the first
person, on condition that when he dies, the Peiros and the Guf will go to
the second person)