BACKGROUND TO THE DAILY DAF
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BAVA BASRA 48 (20 Tishrei) - Dedicated by Al and Sophia Ziegler of Har Nof, Jerusalem, and their son Jared, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit - and towards Jared's continued growth in Torah and Yir'as Shamayim.
[48a - 28 lines; 48b - 22 lines]
1) [line 1] "YAKRIV OSO [LI'RTZONO]" - "He shall bring it (the Korban) [according to his will]" (Vayikra 1:3) - The words "Yakriv Oso" teach that Beis Din must make sure that a person brings the Korban that he pledged to bring (the words "Yakriv Oso" are otherwise extra, since the verse already stated that the person must bring his Korban, "Yakrivenu"). The word "li'Rtzono" teaches that even when being forced to bring his Korban, he must bring it willingly.
2) [line 1] KOFIN OSO - we force him
3) [line 4] KAPARAH - atonement [achieved by bringing a Korban that one vowed to bring] (KAPARAS OLAH)
(a) A Korban that is brought as a voluntary sacrifice (Nedavah) provides some measure of atonement. As such, our Gemara cannot prove that Talyuhu v'Zavin, Zevinei Zavin, since a person who is forced to bring a Korban Nedavah benefits in that he achieves some measure of atonement.
(b) The Rishonim differ over the exact atonement afforded by a Korban Nedavah. 1. The Gemara in Zevachim 7b explains that an Olah atones for having failed to perform Mitzvos Aseh. The Gemara (Zevachim 6a) states that this atonement is only provided "mi'Kufya," (lit. in a superimposed or secondary manner). According to the Ramban (here) this is the Kaparah to which our Gemara refers. (Perhaps every Korban Nedavah provides some form of Kaparah mi'Kufya.) 2. Alternatively, TOSFOS (here DH Yakriv) writes that the Gemara uses the word "Kaparah" loosely, meaning that the person benefits in that he has fulfilled his vow to bring a Korban and will not transgress the sin of not fulfilling his Neder.
4) [line 5] GITEI NASHIM
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. - Gitin).
(b) The man must give the Get willingly. If he is forced to give it, the Get is not valid.
5) [line 6] MITZVAH LISHMO'A DIVREI CHACHAMIM - it is a Mitzvah to listen to the words to he Sages (GITIN: MITZVAH L'GARESH)
There are various instances where the Sages rule that a husband is required to divorce his wife. Some examples of this:
1. A man who is a leper (Kesuvos 77a; see Background to Kesuvos 77:4).
2. A man who emits a bad odor through his nose or who has bad breath (Kesuvos ibid.; see Background ibid. 77:5)
3. A man who upholds his wife's vow not to eat a certain food (Kesuvos 70a).
4. A man who upholds his wife's vow not to use a certain perfume (Kesuvos ibid.)
6) [line 9] GET HA'ME'USEH - a forced Get, where the man was forced to give his wife a Get
7) [line 10] CHOVTIN OSO - they beat him
8) [line 16] TOLAH ATZMAN B'YAD AKU"M - she will hire (lit. make herself depend on) a [tough and violent] Nochri [to beat up her husband in order to force him to give her a Get]
9) [line 17] MAFKA'AS ATZMAH MI'YAD BA'ALAH - and she succeeds in removing herself from her marriage
10) [line 26] MEIMRA HU - a statement of the Amora'im
11) [line 2] LO ARTZI ZUZEI - where he did not count the money
12) [line 3] LO HAVAH [LEI] L'ISHTAMUTEI - where he did not have any way of putting off the deal, such as saying, "Wait until tomorrow" or "Wait until I ask my wife"
13) [line 10] V'AFKE'INHU RABANAN L'KIDUSHIN MINEI - and the Chachamim uprooted the Kidushin [retroactively] (KOL D'MEKADESH A'DA'ATA D'RABANAN MEKADESH)
(a) Under certain specific circumstances, the Rabanan "uprooted" Kidushin which were valid mid'Oraisa in order to protect a man or woman from the effects of a Get or Kidushin that might cause them permanent torment. The reason the Rabanan are able to uproot Kidushin in this manner is because of the principle of "Kol d'Mekadesh...." This principle teaches that every man who is Mekadesh a woman (by means of Kesef, Shtar or Bi'ah, see Kidushin 2a) bears in mind that if (either at present or in the future) the Rabanan do not approve of his Kidushin, it should retroactively (see Insights to Kesuvos 3:1) not be valid. (Even if a person claims, or announces, that he is an exception to the rule, and he does not have in mind such a condition, it makes no difference -- RITVA to Kesuvos 3a.) It is for this reason that we announce, upon effecting a Kidushin, that the Kidushin is being done "k'Das Moshe v'Yisrael" (i.e. in accordance with Torah law and with Rabbinical enactments), as Rashi and the Rishonim (ibid.) explain.
(b) The Rabanan only retroactively uprooted Kidushin with the principle of "Kol d'Mekadesh" when a man gave a Get (divorce document) to his wife but for some reason it was not valid mid'Oraisa. When no Get at all was given, though, the Rabanan did not retroactively uproot the Kidushin (RASHBA and Rishonim ibid.). According to some (RASHI Shabbos 155b), the Rabanan also uprooted Kidushin (when necessary) in cases where evidence was presented that the husband died but the evidence was not acceptable mid'Oraisa.
(c) Sometimes the Rabanan saw reason to annul the Kidushin from its onset (that is, for the future, as opposed to retroactively) because the husband effected the Kidushin in an unjust manner. In such cases, they annulled the Kidushin even though no Get at all was presented. According to some, it is not even necessary to evoke the principle of "Kol d'Mekadesh" to revoke the Kidushin in such cases. Since the husband acted unjustly, the Rabanan were able to revoke his Kidushin by "overriding" the Torah law. (See Yevamos 90b, and TOSFOS Bava Basra 48b DH Teinach.)
14) [line 14] A'KINARA - (a) in a Kinara tree; (b) due to a harp [that Tavi wanted to buy Papi did not want to sell]
15a) [line 15] MODA'A
Moda'a is a legal declaration, made in front of witnesses, that a sale or Get that a person is about to enact is going to be made under duress, and should not take legal effect.
b) [line 15] ASHKALTA - a document of sale
16) [line 15] MAN D'CHASIM A'MODA'A, SHAPIR CHASIM - the ones who signed the Moda'a, signed legitimately, [and the Moda'a is valid]
17) [last line] AMANAH HAYU DEVAREINU - the document that we signed (lit. our words) was written before any loan took place; the creditor intended to use this document in the future. The debtor, however, already put a lien on his properties should a loan take place (RASHBAM, RASHI to Kesuvos 19b).
Index to Background for Maseches Bava Basra