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BAVA BASRA 106
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BAVA BASRA 106 - Sponsored by Chaim and Caroline Turkel of London. May their son Yisrael Moshe and his newlywed wife Chayah (nee Birenhak) raise a joy-filled family on the solid foundations of Yir'as Shamayim and Chasidus, and may the Zechus of Hachzakas ha'Torah bring the Turkels unlimited Berachah in this world and the next!

[a - 16 lines; b - 27 lines]

1) [line 1] B'SIMANAV UV'METZARAV - [if the seller of the land said, "I am selling you a Beis Kor of land] with these landmarks and with these boundaries"
2a)
[line 1] PACHOS MI'SHESUS, HIGI'O - [if the land that the buyer received was] less than a sixth [of the amount stipulated], he has acquired it (lit. it has reached him). (One sixth is equal to one Kav per every Se'ah, since there are 6 Kav in a Se'ah.)
  b)
[line 2] AD SHESUS YENAKEH - [if the land that the buyer received was less than the amount stipulated by] more than a sixth, then he (the seller) must deduct (from the price)

3)
[line 10] HAREI HU K'SHUM HA'DAYANIN, HIGI'O - it is like the appraisal and sale of land made by Beis Din, and he has acquired it (lit. it has reached him) (SHUM HA'DAYANIN)
(a) When a debtor owes money to a creditor, or when the heirs of a man's estate owe, from the estate, money for the support of the man's widow and daughters, Beis Din appraises the value of the property in order to sell it and give the money to the creditor, or to the widow and daughters.
(b) When Beis Din errs in an appraisal of property by a sixth of its value, the Rabanan and Raban Shimon ben Gamliel argue whether the sale is binding (because of the requirement to uphold the authority of Beis Din, "Im Ken, Mah Ko'ach Beis Din Yafeh"; this is the view of Raban Shimon) or it is not binding (Rabanan).

4)
[line 11] V'HA SHUM HA'DAYANIN DI'SHESUS K'YOSER MI'SHESUS - but with regard to the appraisal of Beis Din, an error of one-sixth is like an error of more than one-sixth


106b----------------------------------------106b


5)
[line 1] HAVYA ESREIN GRIVEI MOSHCHEI - its measure is 20 Se'ah
6)
[line 4] HEICHA D'LO KIM LEI B'GAVAH - where he (the buyer) was not familiar with it (the land)
7)
[line 6] D'ADIFA K'ESRIN - it is as superior as [a field of] 20 [Se'ah]
8a)
[line 7] HA'ACHIN SHE'CHALKU - the brothers who divided. Brothers who inherit property from their father may divide the property among themselves through a lottery, through an appraisal of Beis Din to determine portions of equal value, or through compensating each other monetarily for a portion that one receives which is of lesser value.
  b)
[line 8] KEIVAN SHE'ALAH GORAL L'ECHAD MEHEN, KANU KULAM - once the lottery has come up [and selected a portion] for one of them, they have all acquired their portions (the results of the lottery is binding; see NIMUKEI YOSEF)
9)
[line 9] MAH TECHILAH B'GORAL - just as the original [division and allocation of Eretz Yisrael] was accomplished through a lottery (see Bava Basra 122a)
10a)
[line 11] KALFI - a lottery-box

    b)
[line 11] URIM V'TUMIM
(a) A Name of HaSh-m was written on a parchment that was called the Urim v'Tumim. The Urim v'Tumim was placed in the Choshen, one of the eight vestments of the Kohen Gadol (Shemos 28:30). The eight vestments are 1. Tzitz (forehead-plate), 2. Efod (apron), 3. Choshen (breastplate), 4. Me'il (robe), 5. Kutones (long shirt), 6. Michnasayim (breeches), 7. Avnet (belt), 8. Mitznefes (turban).
(b) It was possible for a king of Yisrael to ask HaSh-m questions regarding the people of Yisrael and receive an answer using the letters engraved upon the gemstones of the Choshen. Letters containing the answer to his question would stick out in their places (in the order of the answer -- MAHARSHA to Yoma 73b) or would come together to form the words and sentences of the answer. The Kohen Gadol would assist the Urim v'Tumim in the process of receiving an answer through his power of Ru'ach ha'Kodesh (Divine inspiration).
(c) The Gemara (Yoma 73b) gives two reason as to why the parchment was called Urim v'Tumim. Either they were Me'irin (similar to "Urim") Es Divreihen, they clarify their words, or they were Mashlimin ("Tumim" means Shalem, complete) Es Divreihen, they fulfill their words.
(d) The Urim v'Tumim was used at the time of the original division and allocation of the land when the Jewish people came to Eretz Yisrael, as the Gemara describes later (122a).

11)
[line 12] D'KA TZAISEI L'HADAEI - that they pay attention to each other (and agree to divide the property based on the lottery)
12)
[line 16] MEKAMTZIN - they must be frugal [with their property, since each brother must give a portion of his property to the additional brother who has arrived]
13)
[line 17] HADAR DINA - the original judgement is judged anew; i.e. the original allocation of the properties is cancelled
14)
[line 18] HANEI BEI TELASA D'KAIMEI V'AZUL BEI TREI MINAIHU U'PALUG - these three [brothers, or partners], two of whom arose and went and divided [the property without the third partner]
15)
[line 20] NECHISEI A'DA'ATA D'VEI TELASA ME'IKARA - they went down [to divide the property] with the knowledge that there were three of them, from the outset
16)
[line 23] KAM DINA - the original judgement stands; i.e. the original allocation of the properties remains valid and binding

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