POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 105
BAVA BASRA 101-105 - 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.
1) WHICH PHRASE DO WE FOLLOW?
(a) (Mishnah - Ben Nanas): 'I sell to you (a Beis Kor)
measured by a rope, be it less or more' - (the latter
clause) 'be it less or more' overrides 'measured by a
(b) 'Be it less or more, measured by a rope' - 'measured by a
rope' overrides 'be it less or more'.
(c) (R. Aba bar Mamal): Other Tana'im argue with Ben Nanas.
(d) Question: We already know this from a Mishnah!
1. (Mishnah): There was a case in Tzipori, Levi rented
a bathhouse to Yehudah for 12 Dinarim for the year,
a Dinar per month; R. Shimon ben Gamliel and R. Yosi
ruled that he pays half for the added month.
(e) Answer: One might have thought, there, we are not sure if
he retracted (and wants 13 if it will be a leap year), or
if he only comes to explain (indeed, the rent is 12 even
if it will be a leap year, but rent is due every month,
not at the end of the year);
2. (They do not say that the latter clause overrides
1. Here, surely he retracted, they would admit to Ben
Nanas - R. Aba teaches, this is not so.
(f) (Rav Yehudah): This (our Mishnah) is like Ben Nanas, but
Chachamim say, the buyer has the lower hand (since we are
unsure which phrase overrides the other).
(g) Inference: This is like Ben Nanas - this implies that
this is not the Halachah;
(h) Question: But Rav and Shmuel taught, if Reuven sold to
Shimon 'A Kor (of grain) for 30 (Sela'im)', either can
retract until all is measured out;
1. If he said 'A Kor for 30, each Se'ah for a Sela',
after each Se'ah is measured out, neither can
retract (the latter clause overrides the former,
each Se'ah is a sale by itself)!
(i) Answer #1: Rather, this is like Ben Nanas, and the
Halachah follows him.
(j) Question: Is it really true that Shmuel rules like Ben
1. But Shmuel taught, the (above) Mishnah is when they
argue in the middle of the month - but if they argue
at the beginning of the month, the renter must pay
for it; if they argue at the end of the month, the
renter need not pay for it! (The latter clause does
not override the former!)
(k) Answer #2: Really, Shmuel says the Halachah does not
follow Ben Nanas; regarding the bathhouse, whoever is
Muchzak (holding the money after using it, or has the
bathhouse before the other uses it) has the upper hand.
(l) (Rav Huna citing bei Rav): Levi said 'I sell this for
Istira (a Sela), 100 Ma'os' (and Yehudah agreed) - he
owes 100 Ma'os;
1. 'I sell for 100 Ma'os, Istira' - Yehudah owes
(m) Question: Rav teaches that the latter clause overrides
the former - he already taught this in another way!
1. (Rav): I would say that the renter must pay to use
the bathhouse in the added month.
(n) Answer: If he only said that, one might have thought that
there, the reason is not because the latter clause
overrides the former, rather, because the latter clause
explains the former. (Therefore, he also taught about '100
Ma'os/Istira' to teach that the latter clause overrides the