BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
[114a - 12 lines; 114b - 14 lines]
1) [line 2] EIN ED NA'ASEH DAYAN - a witness cannot become a judge
The Amora'im argue as to whether a witness can become a judge in the same case. The Gemara (Kesuvos 21b) concludes that this argument only applies to cases that are mid'Oraisa. All agree that in cases that are mid'Rabanan, a witness can become a judge.
2) [line 3] IYN, HACHI NAMI KA'AMINA - yes, this is what I, too, was saying
3a) [line 4] KOL ZEMAN SHE'YOSHVIN - all the time that they are still seated
b) [line 5] KOL ZEMAN SHE'OSKIN B'OSO INYAN - all the time that they are still involved in that matter
4) [last line] DI'SELIKU ME'INYANA L'INYANA - they have moved on from one matter to another matter
5) [line 2] SADEH INYAN U'MECHETZAH - the cases of "Sadeh," "Inyan," and "Mechetzah"
(a) SADEH - "Sadeh" refers to the ruling of Rav Yosef (12b) in the case of two or more heirs who inherited a number of fields from their father. One of the heirs preferred to receive a specific field as his share of the inheritance, since that field borders his other property. Rav Yosef ruled that the other heirs are entitled to refuse his request.
(b) INYAN - "Inyan" refers to the ruling of Rav Yosef (which the Gemara here discusses) that a Kinyan is finalized when the parties involved are no longer involved in discussing the matter.
(c) MECHETZAH - The case of "Mechetzah" refers the ruling of Rav Yosef (143a) in a case in which a man declared that he is giving his property to his wife and to her sons. It was not clear whether his intention was to give a half of all of his property to his wife and to give the other half to her sons (to divide up equally among them), or whether his intention was to divide up his property equally among his wife and her sons, giving his wife a share equal to the share of each son. Rav Yosef ruled that whenever one person is specified together with a group of people, that person receives half and the group receives half, as he derives from a verse.
6) [line 7] EIN HA'BA'AL YORESH ES ISHTO BA'KEVER - the husband does not inherit his wife when she is in her grave. Although a husband is entitled to inherit his wife's property upon her death, he does not inherit property that comes to her after her death. This means that if -- after the death of the wife -- one of her relatives dies and leaves her an inheritance, the husband does not inherit that property. The husband inherits only the property that is in the wife's possession at the time of her death.
Index to Background for Maseches Bava Basra