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Bava Basra 69

BAVA BASRA 68-69 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for the Torah and for those who study it.


(a) We interpret 'stones that the field needs' as Avni de'Achpa.
What are 'Avni de'Achpa'?

(b) How does Ula interpret it?

(c) How does Ula then interpret the Beraisa cited by Rebbi Chiya 'Avanim Tzevuros le'Geder' (implying that the stones do not need to be neatly arranged)?

(a) What does Rebbi Meir (in the next Perek) say about the accessories of a vineyard?

(b) Based on the fact that Rebbi Meir includes even those accessories that are not intrinsically part of the vineyard, and that the Rabbanan disagree with him in this issue, how will each of these Tana'im explain Avni de'Achpi? What leniency will Rebbi Meir permit that the Rabbanan won't?

(c) And what leniency will Rebbi Meir permit according to Ula, who interprets Avanim as 'Avanim ha'Seduros le'Geder'?

(d) How will we reconcile this with what we learned earlier in the Perek, where we established Rebbi Meir by things that are fixed, whereas we see here, that Rebbi Meir does not require the items that are sold to be fixed to the ground?

(a) We learned in our Mishnah that the sale of the field includes the canes that support the vines.
What sort of canes is the Tana talking about?

(b) How will Rebbi Meir and the Rabbanan respectively establish this?

(c) We also learned that the produce that is still attached to the ground is sold too.
Why do we need to add that the produce is ready to harvest?

(d) What is then the Chidush?

(a) Our Mishnah includes a bunch of growing canes in the sale, provided it grows in an area of less that a Beis Rova.
Is the Tana speaking about thin canes or thick ones?

(b) What Chidush is the Tana teaching us when he inserts a hunter's hut that is not made with cement? Does it make any difference if it is not joined to the ground?

(c) And what sort of Ch'ruv she'Eino Murkav and Besulas ha'Shikmah is he referring to? Does it make any difference how thick they are?

(a) How do we establish 'stones that are not needed for the field', according to Rebbi Meir and the Rabbanan respectively ...
  1. ... assuming them to be 'Avni de'Achpa'?
  2. ... asuming them to be 'Avanim ha'Duros le'Geder'?
(b) And how we establish 'canes that are not needed for the vines', according to Rebbi Meir and the Rabbanan respectively?

(c) And how do we establish 've'Lo es ...

  1. ... ha'Tevu'ah ha'Telushah min ha'Karka'? Why is this not obvious?
  2. ... Chitzas ha'Kanim she'Hi Beis Rova'? Do the canes have to be thick?
(a) What does Rebbi Yochanan say about a small row of spices 'that has a name by itself'?

(b) How does Rav Papa interpret Rebbi Yochanan's qualification?

(c) 've'Lo es ha'Shomirah ha'Asuyah be'Tit'.
Does it make any difference if the hut is also fixed to the ground? Is it then Batel to the ground?

(a) What She'eilah did Rebbi Elazar ask about a door-frame?

(b) What distinction did he make between one that is cemented and one that is just screwed to the wall?

(c) Rebbi Zeira asked the same She'eilah concerning window-frames. What did he assume in the previous She'eilah? What then was the basis of his She'eilah?

(d) Did Rebbi Zeira also qualify his She'eilah like Rebbi Elazar (did he distinguish between a frame that is cemented and one that is merely screwed)?

(a) Rebbi Yirmiyah posed the same She'eilah with regards to 'Milbenos ha'Mitah'.
What are 'Milbenos ha'Mitah'?

(b) What is the basis of Rebbi Yirmiyah's She'eilah? What did he assume in the previous two She'eilos?

(c) What would Rebbi Yirmiyah then say assuming that the blocks of wood are fixed to the legs of the bed?

(d) What is the outcome of all three She'eilos?

Answers to questions



(a) When the Tana says 've'Lo es Ch'ruv ha'Murkav ve'Lo Sadan ha'Shikmah', does the trunk need to be a thick one?

(b) What does Rav Yehudah Amar Rav learn from the Pasuk in Chayei Sarah ...

  1. ... "va'Yakam S'dei Efron Asher ba'Machpeilah, ha'Sadeh ve'ha'Me'arah ... ve'Chol ha'Eitz Asher ba'Sadeh"?
  2. ... "Asher be'Chol Gevulo"?
(c) To what can this latter Halachah be compared?

(d) And what does Rav Mesharshaya learn from the word "Saviv"?

(a) Rav Yehudah requires someone who sells a field to insert in the Sh'tar that he is selling 'Diklin, Ta'alin, Hutzin ve'Tzinin'. Diklin are tall date-palms (see Mesores ha'Shas).
What are ...
  1. ... 'Ta'alin'?
  2. ... 'Hutzin'?
  3. ... 'Tzinin'? What is the difference between them and Diklin?
(b) Seeing as the sale is valid whether the seller complies with this ruling or not, what is then the point of inserting all this in the Sh'tar?
(a) If Reuven wrote in the Sh'tar of sale 'Ar'a ve'Dikli', then he is obligated to give him the field plus two date-palms.
What if ...
  1. ... he does not own any date-palms?
  2. ... the date-palms that he owns are Meshubad to his creditor?
(b) If Reuven stipulated that he would sell Shimon 'Ar'a be'Dikli', then he must give him the field with the date-palms that grow in it.
What if the field that he agreed to sell him does not contain any date-palms?

(c) What does he mean if he says 'Ar'a bei Dikli'?

(d) What will the Din then be if the field that he sells him ...

  1. ... does not contain date-palms?
  2. ... contains date-palms?
(a) If Reuven specifically precludes a specific date-palm from the sale, what will be the Din if the date-palm in question is ...
  1. ... a good-quality tree? Does he mean that it is the best tree in the field?
  2. ... a bad tree? What is the definition of 'a bad tree'?
(b) Which trees does he preclude from the sale in this case?

(c) If Reuven stipulated 'le'Bar me'Ilni', then he precludes all trees that are called 'Ilni'.
Which trees are not generally called 'Ilni'?

(d) What if he owns ...

  1. ... only date-palms or vines?
  2. ... other trees and vines?
(a) Why is it that if Reuven, who owns date-palms and vines, says 'le'Bar me'Ilni', he precludes the vines but not the date-palms?

(b) On what grounds do we refute the suggestion that really neither of them falls under the category of 'Ilni', and the reason that he retains the vines is because they are more valuable than the date-palms (and that is probably what he had in mind to preclude)?

(c) Rav makes a distinction between trees that one needs a rope to climb and those that one doesn't.
What does he mean by that?

(d) What similar distinction do Daynei Golah make? Who are Daynei Golah?

(a) If Rav and Daynei Golah do not argue, what is each one referring to?

(b) Why can Rav not be referring to other trees?

(c) Neither do Daynei Golah Golah refer to date palms. Why not? Why would the fact that the yoke bends the it not make any difference?

Answers to questions

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