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BAVA BASRA 105
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BAVA BASRA 105 (17 Kislev) - Today's learning is dedicated in loving memory of Professor Dr. Eugene (Mordechai ben Aharon) Heimler, on his 19th yahrzeit, by his beloved wife, student and colleague, Miriam Bracha. May the Zechus of the Torah being learned around the world be an Iluy for his Neshamah.

[105a - 21 lines; 105b - 9 lines]

1) [line 4] TZIPORI - a city in the lower Galilee, approximately midway between Tiberias and Haifa
2)
[line 5] MERCHATZ - a bathhouse
3)
[line 5] BI'SHNEIM ASAR ZEHUVIM L'SHANAH, DINAR ZAHAV L'CHODESH - for twelve gold Dinerin for the year, one gold Dinar per month

4)
[line 7] YACHLOKU ES CHODESH HA'IBUR (SHANAH ME'UBERES)
(a) A Shanah Me'uberes (a leap year) is one in which an extra month is added. The only month that is ever added is Adar, such that in a Shanah Me'uberes there are two months of Adar. The reason for adding the extra month is in order to be certain that Pesach falls in the season of Aviv (spring), as it states in the verse, "Shamor Es Chodesh ha'Aviv, v'Asisa Pesach..." - "Observe the month of Aviv, and do the Pesach Sacrifice..." (Devarim 16:1). (For a further discussion of the topic of Shanah Me'uberes, see Background to Rosh Hashanah 7:2.)
(b) In the case under discussion, when the agreement was "twelve gold Dinerin for the year, one gold Dinar per month," Raban Shimon ben Gamliel and Rebbi Yosi rule that the landlord and the tenant split the cost of the extra month that is added, i.e. the tenant only pays rent for half of the month. Our Gemara and the Rashbam go on to explain the reasoning behind the ruling of these sages, but it is clear that they do not rule "Tefos Leshon Acharon" (see Background to Bava Basra 104:10), proving that they argue with Ben Nanas of the Mishnah.

5a)
[line 9] MIHADAR KA HADAR BEI - he (the landlord, by adding the words "one gold Dinar per month") has retracted [his original statement of "twelve gold Dinerin for the year"]
  b)
[line 10] PERUSHEI KA MEFARESH - he has qualified [his original statement]
6)
[line 13] HALECH ACHAR PACHOS SHEBA'LESHONOS - (lit. follow the least of the statements) since the Rabanan are in doubt as to whether the Halachah is "Tefos Leshon Rishon" or "Tefos Leshon Acharon," we rule according to the statement that gives the least power to the buyer, since the seller is Muchzak (in possession) of the land, and as such, he has the upper hand
7)
[line 14] "ZO" V'LO SEVIRA LEI? - [Could it be that Shmuel said] "This [is the opinion of Ben Nanas, but the Chachamim say...", implying that he agrees with the ruling of the Chachamim] and he does not agree [with the ruling of Ben Nanas]?
8a)
[line 15] KOR BI'SHELOSHIM ANI MOCHER LECHA - I am selling you one Kor [of produce] for thirty [Sela'im]
  b)
[line 16] YACHOL LACHZOR BO AFILU BA'SE'AH HA'ACHARONAH - he (either the buyer or the seller) may change his mind and revoke the sale even at the last Se'ah (i.e. even if the buyer has made a Kinyan on all of the produce except for the last Se'ah)

  c)
[line 15] KOR BI'SHELOSHIM ANI MOCHER LECHA (MEASUREMENTS OF VOLUME)
(a) Equivalents of volume used in the Gemara:
1 Kor (= 1 Chomer) = 30 Se'in
1 Lesech = 15 Se'in
1 Eifah = 3 Se'in
1 Se'ah = 6 Kabin
1 Tarkav (= 3 Kabin) = 12 Lugin
1 Kav = 4 Lugin
1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
1 Beitzah = 2 k'Zeisim
(b) Modern-day equivalents:
1 k'Zayis = approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions. Therefore, 1 Kor = 216, 148.83 or 432 liters, depending upon the differing Halachic opinions and 1 Se'ah = 7.2, 8.29, or 14.4 liters, depending upon the differing Halachic opinions.

9a)
[line 16] KOR BI'SHELOSHIM, SE'AH B'SELA ANI MOCHER LECHA - one Kor [of produce] for thirty [Sela'im], [one] Se'ah per Sela I am selling you
    b)
[line 23] RISHON RISHON KANAH - he buys them one by one, i.e. as the buyer does a Kinyan on each Se'ah, the sale of that Se'ah becomes irrevocable
10)
[line 19] B'VA B'EMTZA HA'CHODESH ASKINAN - we are dealing with a case where the Maskir came to claim the rent in the middle of the [leap] month


105b----------------------------------------105b


11)
[line 2] MISHUM D'TAFIS - [since with regard to the bathhouse we are dealing with a case where the landlord came to claim the rent for the leap month in the middle of the month, the Rabanan rule that the landlord and the tenant split the cost of the month, i.e. the tenant only pays rent for half of the month,] since each one (the seller and the buyer) is in possession (lit. has seized) [one half of the month]
12)
[line 3] AMREI BEI RAV - they said in the Beis Midrash of Rav (in the name of Rav). This phrase refers to (a) Rav Hamnuna (RASHBAM); (b) Rav Huna. The Girsa of our Gemara that states that Rav Huna quotes the student of Rav who is known as "Amrei Bei Rav" should be changed to Rav Hamnuna quotes the student of Rav who is known as "Amrei Bei Rav," i.e. Rav Hamnuna quotes Rav Huna (TOSFOS to Sanhedrin 17b DH Ela)

13a)
[line 3] "ISTERA ME'AH MA'EI," ME'AH MA'EI - [if a person quotes a price of "one] Istera, one hundred coins (= Perutos)," [the Halachic ruling is that he must pay] one hundred coins (CURRENCY)
(a) Equivalents of coins and amounts used in the Gemara:
1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
1 Dinar Zahav = 25 Dinerin
1 Sela = 2 Shekalin = 4 Dinerin
1 Dinar = 6 Ma'in
1/2 Dinar = Rova (1/4) Shekel = 1 Sela Medinah = 1 Istera = 96 Perutos
1 Me'ah = 2 Pundeyonin
1 Pundeyon = 2 Isarin
1 Isar = 8 Perutos (but see Kidushin 12a)
(b) Another name for a Dinar of Kesef is a Zuz. All of the coins listed above are silver except for the Dinar Zahav, which is gold, and the Perutos, which are copper. (This is the ruling of most of the Rishonim. According to the ROSH to Bava Metzia 4:20, even the Pundeyonin and Isarin are copper.)
(c) There is a difference between the Sela Tzuri -- the Sela of Kesef Tzuri, the denominations of coins used in Tzor (above, (a)), and the Sela Medinah. The Sela Medinah is an eighth of a Sela Tzuri, or half a Zuz/Dinar, as there are four Zuz/Dinar in a Sela Tzuri. However, people called the Sela Medinah an Istera, which was a silver coin equal to a Sela Tzuri (see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434).

    b)
[line 4] "ME'AH MA'EI ISTERA," ISTERA - [if a person quotes a price of] "one hundred coins (Perutos), [one] Istera," [the Halachic ruling is that he must pay] one Istera (see previous entry)
14)
[line 6] IY HAVAI HASAM - if I had been there (in Tzipori, at the time of the court case about the bathhouse)

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