BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
BAVA BASRA 120 (2 Teves) - dedicated in memory of Zev ben Yerachmiel Boldan Z'L by his wife and daughters, in honor of the Shloshim following his Petirah.
R. Kornfeld's shiur, "THE LIGHT OF LIGHTS", shipped to all members!!
[120a - 27 lines; 120b - 29 lines]
1a) [line 3] HORASAH BA'DERECH - her conception was during the journey (on the way to Mitzrayim)
b) [line 3] V'NOLDAH BEIN HA'CHOMOS - and she was born [while they passed through the gates] between the walls (of Mitzrayim)
2) [line 7] SIMANEI NA'ARUS - signs of youth
3) [line 7] NIS'ADEN HA'BASAR - her flesh became soft
4) [line 8] NISPASHTU HA'KEMATIN - her wrinkles smoothed out
5) [line 8] (VA'YACHZOR) [VA'YACHZIR] MIBA'I LEI - the verse should say that "he returned [her to himself]" (since she was married to him previously) (the Girsa VA'YACHZIR is from the Iyun Yakov)
6) [line 9] MA'ASEH LIKUCHIN - a marriage ceremony
7) [line 9] HOSHIVAH B'APIRYON - he sat her in a sedan chair (which is used to carry a bride to the Chupah in the wedding procession)
8) [line 10] "[MOSHIVI AKERES HA'BAYIS] EM HA'BANIM SEMECHAH" - "[He turns the barren wife into] a happy mother of children." (Tehilim 113:9)
9) [line 10] MENA'AN HA'KASUV DERECH GEDULASAN - the verse enumerates them in the order of their ages
10a) [line 11] B'YESHIVAH, HALECH ACHAR CHOCHMAH - at an assembly (of Torah scholars), follow the order of wisdom (and seat the wisest at the head)
b) [line 12] BI'MESIBAH HALECH ACHAR ZIKNAH - at a banquet, follow the order of age (and seat the oldest at the head)
11) [line 12] MAFLIG - far beyond the others
12) [line 13] SHEKULOS - they were equal
13) [line 14] HAVAYAH ACHAS L'CHULAN - the verse says one term of "Havayah" ("being or getting [married]," i.e. the word "va'Tiheyenah" (Bamidbar 36:11)) to refer to all of them
14) [line 14] HUTRU L'HINASEI L'CHOL HA'SHEVATIM - they were permitted to marry into any of the tribes
15) [line 15] "[ZEH HA'DAVAR ASHER TZIVAH HA'SH-M LI'VNOS TZELOFCHAD LEIMOR,] 'LA'TOV B'EINEIHEM TIHEYENAH L'NASHIM, ACH L'MISHPACHAS MATEH AVIHEM TIHEYENAH L'NASHIM.'" - "[This is the thing that HaSh-m commanded for the daughters of Tzelofchad, saying,] 'To those who find favor in their eyes they shall become wives, but only to the family of their father's tribe shall they be wives.'" (Bamidbar 36:6)
16) [line 17] "EMOR ALEIHEM, 'L'DOROSEICHEM, [KOL ISH ASHER YIKRAV MI'KOL ZAR'EICHEM EL HA'KODASHIM ASHER YAKRIVU BENEI YISRAEL LA'SH-M V'TUM'ASO ALAV, V'NICHRESAH HA'NEFESH HA'HI MI'LEFANAI, ANI HASH-M.']" - "Say to them, 'Throughout your generations [any man who shall come near [to eat], from among any of your offspring, the consecrated meat that the Benei Yisrael brings to HaSh-m, and his Tum'ah is upon him, that soul shall be cut off from before Me, I am HaSh-m.']" (Vayikra 22:3) - From the word "l'Doroseichem" we infer that the Mitzvah applies for all times.
17) [line 20] "V'CHOL BAS YORESHES NACHALAH [MI'MATOS BENEI YISRAEL, L'ECHAD MI'MISHPACHAS MATEH AVIHA TIHEYEH L'ISHAH, L'MA'AN YIRESHU BENEI YISRAEL, ISH NACHALAS AVOSAV.]" - "And every daughter who inherits her father's estate [from the tribes of Benei Yisrael, shall get married to a member of the tribe of her father, so that all of Benei Yisrael inherit the estates of their fathers.]" (Bamidbar 36:8) - This Mitzvah applied only to the generation that left Mitzrayim
18) [line 23] HU MOSIV LAH V'HU MEFAREK LAH - he asked the question and he himself answered it
19) [line 23] L'VAR - except for
20) [line 25] "ZEH HA'DAVAR" - "[Speak to Aharon and to his sons and to all of Benei Yisrael and say to them,] 'This is the thing [which HaSh-m commanded, saying...']." (Vayikra 17:2)
21) [line 25] DAVAR ZEH - this thing (i.e. this Mitzvah)
22) [line 26] RABAH ZUTI - the smaller (less prominent) Rabah, an Amora who lived at the time of Ravina and Rav Ashi
23a) [line 26] "ZEH HA'DAVAR" DI'SHECHUTEI CHUTZ - the phrase, "This is the thing," which the Torah uses regarding the Mitzvah of Shechutei Chutz (slaughtering consecrated animals outside the Beis ha'Mikdash) [should also imply that the Mitzvah only applied for the generation that left Mitzrayim]
b) [line 26] SHECHUTEI CHUTZ
The Torah obligates a person to bring all Kodshim that are fit to be offered as sacrifices to the Beis ha'Mikdash, as it states in Vayikra 17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting their slaughter outside of the Azarah (Shechutei Chutz). The punishment for transgressing this is Kares (SEFER HA'CHINUCH Mitzvah #186), and the animal remains Asur b'Hana'ah.
24) [line 1] ROSHEI HA'MATOS - the leaders of the tribes
25) [line 3] HAI NAMI LEILIF ZEH ZEH ME'HASAM - this one also (the Mitzvah of preventing ancestral property from leaving its tribe (Hesebas Nachalah; see Background to Bava Basra 111:39)) should be learned through a Gezeirah Shavah of "Zeh - Zeh" from there (from the Mitzvah of Shechutei Chutz)
26) [line 4] HASAM ITZTERICH LI'GEZERAH SHAVAH - there (regarding Shechutei Chutz and Hafaras Nedarim), the Torah needs to state "Zeh ha'Davar" in order to teach a different law through this Gezeirah Shavah (and, therefore, we also use the Gezeirah Shavah to learn this law)
27) [line 5] LISHTOK KERA MINEI - let the verse be silent about it (and not write "Zeh ha'Davar" at all)
28) [line 13] HAFARAS NEDARIM BI'SHELOSHAH HEDYOTOS - the annulment of vows [may be performed] with [a Beis Din comprised of] three judges who are not ordained with Semichah (HATARAS NEDARIM)
(a) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).
(c) Even though the topic of our Gemara is Hataras Nedarim, it uses the word "Hafaras Nedarim," which is a slightly different topic (see Background to Bava Metzia 96:13, and below, entry #33).
29) [line 15] YACHID MUMCHEH - one individual who is an outstanding authority [in the laws of revoking vows]
30) [line 18] YESH SHE'ELAH B'HEKDESH - the mechanism of "She'elah" exists for Hekdesh. When a person consecrates an object to Hekdesh, he can request from a Chacham to annul his oath to give that item to Hekdesh. See above, entry #28:a, and below, entry #31.
31) [line 19] HEKDESH TA'US
(a) According to Beis Shamai, if a person consecrated something to Hekdesh based on a mistaken premise, the Hekdesh is valid. The Mishnah (Nazir 30b) gives the example of a person who was Makdish "the black ox that will be the first to emerge from this house," thinking that a black ox would come out first, but in fact a white ox emerged first. The Hekdesh is still valid, since the person really meant to be Makdish the first ox even if it would be white, and his statement was based on a mistaken presumption. (See Insights to Nazir 30:1.) Similarly, if a person wanted to say, "This ox should be an Olah," but at the time of his statement he mistakenly said, "This ox should be a Shelamim," the ox is a Shelamim according to Beis Shamai, since we ignore the fact that the statement was made by mistake. Beis Shamai learns this from the laws of Temurah (in the Gemara in Nazir there).
(b) One consequence of Beis Shamai's ruling is that one cannot be Sho'el on Hekdesh (i.e. ask a Chacham to revoke it). She'eilah is accomplished by showing that the Neder (in this case, the Neder of Hekdesh) was based on a mistaken premise; according to Beis Shamai, though, even if the Hekdesh was based on a mistaken premise it is still valid. (See also Insights to Nazir 32:1.)
(c) Beis Hillel argues with Beis Shamai and maintains that an oath to make something Hekdesh that was made on a mistaken premise can be annulled, because such an oath is not absolutely binding.
32) [line 23] EINO CHAYAV AL HA'MOLEK - one is not liable for punishment if he performs Melikah [outside of the Beis ha'Mikdash] (MELIKAH)
(a) Shechitah (ritual slaughter -- see Background to Bava Kama 99:40) was not performed on birds that were brought as Korbanos. Instead, the Kohen performed Melikah by cutting the back of the neck of the bird with his right thumbnail, making sure to cut both Simanim (the trachea and the esophagus) of the Olas ha'Of or one Siman (either one) of the Chatas ha'Of. When performing Melikah on the Chatas ha'Of he would make sure not to sever both Simanim of the bird ("v'Lo Yavdil" - Vayikra 5:8).
(b) Although Melikah takes the place of Shechitah for a bird, the prohibition of Shechutei Chutz does not apply; one is not liable for performing Melikah of a consecrated bird outside of the Beis ha'Mikdash.
33a) [line 24] CHACHAM MATIR V'EIN BA'AL MATIR - a Chacham is "Matir" a vow, but a husband is not "Matir" a vow. The process through which a Chacham revokes a vow for someone differs from the process through which a husband annuls the vow of his wife. A Chacham must first find a basis for annulling the vow (see above, entry #28:a), and when he annuls it, he uses the term "Mutar Lach" (lit. "it is permitted to you"), making it completely permitted to the person, even retroactively. In contrast, a husband's authority to annul the vow does not require that the husband find a basis for annulment, but rather the husband annuls ("Mefer") and does not "permit" the vow. His annulment is effective only from now on, and not retroactively (since he did not make the vow itself permitted, but he annulled it so that it does not apply from now on).
b) [line 25] BA'AL MEFER V'EIN CHACHAM MEFER - a husband is "Mefer" a vow, but a Chacham is not "Mefer" a vow. See previous entry. (HAFARAS NEDARIM)
(a) A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.
(b) If the husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through Hataras Nedarim after Hakamah -- see Insights to Nedarim 69:1:a:1.)
Index to Background for Maseches Bava Basra