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Bava Basra 83

BAVA BASRA 82-85 - 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.


(a) Rav Yosef (who gave the maximum distance between two trees in a vineyard as less than eight Amos) was not impressed with Abaye's Kashya (from the Mishnah in Kil'ayim), because he relied on an incident that took place in Dura di'Re'usa.
What does 'Dura di'Re'usa' mean?

(b) What did Rav Yehudah rule there regarding a man who purchased three trees with a space of less than eight Amos between each two trees?

(c) Rav Yosef did not understand what he meant, until he learned a Beraisa. What does the Tana there say to explain the Mishnah in 'Lo Yachpor', which forbids a person to plant a tree within four Amos of his friend's pit?

(d) Why did Abaye query Rav Yosef on the basis of the Mishnah in Kil'ayim, when Rebbi Meir and Rebbi Shimon, in the very same Mishnah, permit the planting of seeds in a vineyard where there is a space of eight Amos between the rows (like Rav Yosef)?

(a) We just cited the Mishnah where Rebbi Shimon (and Rebbi Meir) gives the maximum distance of one row of vines and the other as less than eight Amos.
We know that the minimum Shiur is four Amos from another Mishnah in Kil'ayim.
What does Rebbi Shimon there say about a vineyard whose rows are planted less than four Amos apart?

(b) On what grounds do the Chachamim disagree with him?

(a) And from where do we know that the minimum Shiur of the Tana Kama of Rebbi Yehudah (in the Mishnah in Kil'ayim) is eight Amos?

(b) What are the minimum and maximum spaces allowed between one row of vines in a vineyard and another, according to Rava?

(c) From where does Rava know to adopt the two extremes (like the smallest Shiur of Rav Yosef and the largest of Rav Nachman (whom he himself quoted earlier)?

(d) Whose opinion is Rava following?

(a) In the Beraisa that we quote in support of Rava, the Tana grants someone who purchases three trees, the land in between and the trees.
What does he mean by 'trees'?

(b) He then goes on to cite three cases where the purchaser of three trees does not acquire the ground; two of them are when the trees are planted within four Amos of each other or more than sixteen Amos.
What is the third case?

(c) Rebbi Yirmiyah asks whether one measures the above measurements from the narrow part of the tree or from the wide part.
If this does not refer to the trunk up to the point where the branches grow and the tips of the branches respectively, what does it refer to?

(d) Rav Gevihah from Bei Kasil resolves this She'eilah from a Mishnah in Kil'ayim.
From where does one measure a grafted vine (in connection with the minimum four-Amah space between one vine and another, that determines what is a vineyard)?

(a) He then asks what the Din will be in a case where someone purchased a tree with three 'Badei Ilan'.
Why can this not refer to someone who purchased three branches, one on each of three trees, and he asks whether we go after the branches (and he acquires the ground too), or after the tree (and he doesn't)?

(b) Then what *is* the She'eilah?

(c) Once again, Rav Gevihah resolves the She'eilah from a Mishnah in Kil'ayim.
What does Rebbi Eliezer b'Rebbi Tzadok rule there in a case where someone bends three branches of three vines and transplants them in the ground, after they took root?

(d) What connects Rebbi Yirmiyah's current She'eilah with Rebbi Eliezer b'Rebbi Tzadok's Halachah?

(e) What constitutes a vineyard?

(a) Rav Papa asks what the Din will be if Reuven sells Shimon two trees in his field and one on the border.
What is his She'eilah? Why might Shimon not acquire the ground?

(b) Then he asks what the Din will be if he sells him two trees in his field and the third one in Levi's field.
What must Rav Papa assume with regard to the previous She'eilah, for this She'eilah to have any meaning?

(c) What is the outcome of the two She'eilos?

Answers to questions



(a) Rav Ashi asks whether a water-pit, a stream, a road or a cluster of palm-trees will divide the three trees.
What sort of road is he talking about?

(b) What is the significance of the sequence of ...

  1. ... Rav Papa's She'eilos followed by those of Rav Ashi?
  2. ... Rav Ashi's four She'eilos?
(c) On what grounds do we query the She'eilah that Hillel (not Hillel ha'Zaken) asked Rebbi regarding a cedar-tree that grew among the three trees that Shimon bought?

(d) Then what was Hillel's She'eilah? And what did Rebbi reply?

(a) According to Rav, Shimon acquires the ground even if the three trees are growing in a straight row.
What does Shmuel say?

(b) What is Shmuel's reason?

(c) If, as we just concluded, the criterion for acquiring the ground is the fact that it is difficult for the owner to plow the ground in the middle, we suggest that if Shimon purchased three large thorn-bushes from Reuven, he would also acquire the ground, taking into account the difficulty of plowing in between the bushes.
Would it make any difference whether they the bushes were growing in the shape of a triangle or in a straight row?

(d) On what grounds do we refute this suggestion?

(a) Regarding the sale of certain limbs of a large species of animal (a cow or a bull), what does our Mishnah say about Reuven who sells Shimon ...
  1. ... the head? Does the sale incorporate the legs, or vice-versa?
  2. ... the lungs? Does the sale incorporate the liver, or vice-versa?
(b) Will this ruling prevail even against local custom?

(c) How will the Halachah differ with regard to the sale of a small species of animal (a sheep or goat)? What would be the Din there if he sold him ...

  1. ... the head or the legs?
  2. ... the lungs or the liver?
(a) The Tana then lists four Dinim concerning the validity of a sale. What will be the Din if Reuven sold Shimon ...
  1. ... superior wheat, and it turns out to be inferior? Who is permitted to retract?
  2. ... inferior wheat, and it turns out to be superior?
  3. ... what he promised him, irrespective of whether it is inferior or superior?
  4. ... Shechamtis and it turns out to be white wheat, or vice-versa?
(b) To which category does a case where Reuven sold Shimon olive-trees, which turns out to be sycamore, or vice-versa?

(c) Why, in the previous case (as well as where he sold him wine and it turns out to be vinegar, does this belong to that category too, and not to the first category in the Mishnah?

(d) Does the number 'four' come to preclude anything in particular (as it usually does)?

(a) The first case (superior and inferior) is not one of Mekach Ta'us (a false sale), but of Ona'ah.
What principle governs who may retract?

(b) What distinction exists between this Din of Ona'ah and a regular case, where only the price is involved?

(c) Why, in the case where Reuven gave Shimon ...

  1. ... inferior wheat, as he promised him, but then the price of wheat went down, might we have thought that Shimon can retract?
  2. ... superior wheat, as he promised him, but then the price of wheat went up, might we have thought that Reuven can retract?
(d) What does 'Shechamtis' mean?
Answers to questions

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