BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
[130a - 25 lines; 130b - 29 lines]
1) [line 1] V'KIDUSHIN - and Kidushin (see Background to Kidushin 2:1). The principle of "Toch Kedei Dibur" (see previous Daf, entry #17) does not apply to Kidushin (thus, if a man gives money to a woman and says, "Harei At Mekudeshes Li," he cannot retract his statement by saying that he wants the money to be a gift, and not Kidushin)
2) [line 3] SHE'HISNAH AL MAH SHE'KASUV BA'TORAH - he made a stipulation against a law written in the Torah (HA'MASNEH AL MAH SHE'KASUV BA'TORAH)
See Background to Bava Basra 126:17.
3) [line 5] SHE'RA'UY L'YORSHO - who is fit to inherit him
4) [line 8] BEN BEIN HA'BANIM - one son among the other sons
5) [line 23] "V'HAYAH B'YOM HANCHILO ES BANAV [ES ASHER YIHEYEH LO, LO YUCHAL L'VAKER ES BEN HA'AHUVAH AL PENEI VEN HA'SENU'AH HA'BECHOR.]" - "And it shall be that on the day that he bequeaths to his sons [that which he has, he may not make the son of the beloved [wife] inherit before the son of the hated [wife], who is indeed the firstborn.]" (Devarim 21:16)
6) [line 24] L'HANCHIL L'CHOL MI SHE'YIRTZEH - [the Torah gives the father the right] to bequeath the inheritance to whomever he wants
7) [line 24] MI'"LO YUCHAL L'VAKER" NAFKA - this is learned from the words, "Lo Yuchal l'Vaker" (see above, entry #5). These words teach that the father may not grant the firstborn's portion to another son, which implies that he may allocate the other sons' portions however he wants.
8) [line 2] SHE'YACHOL - as one might think
9) [line 3] PASHUT - an ordinary son (who is not the firstborn)
10) [line 3] SHE'NOTEL BA'RA'UY KEVA'MUCHZAK - that he inherits property that is Ra'uy (property that is due to come to the father but which is not in the father's possession at the time of his death) like he inherits property that is Muchzak (property in the father's possession at the time of his death; see Background to Bava Basra 119:3)
11) [line 7] V'YOMAR - let it say only
12a) [line 15] HALACHAH - the conclusive ruling (he heard the ruling stated as "the Halachah," and he did not infer it from an incident that occurred)
b) [line 16] HORAH - he ruled (in a certain incident in accordance with the opinion of Rebbi Yochanan ben Berokah)
13a) [line 17] HALACHAH ADIFA - a statement saying that it is a "conclusive ruling" is preferable (and more reliable)
b) [line 17] MA'ASEH RAV - an actual incident (in which this ruling was followed) is preferable (and more reliable)
14a) [line 18] EIN LEMEDIN HALACHAH LO MI'PI (LIMUD) [GEMARA/TALMUD] - (a) we may not teach a Halachah (to be followed in practice) based on the teaching of the Rav in his lecture (when he said that "it would seem to be like this...", because when an actual, practical case comes before him, he might delve into it much more comprehensively and issue a different ruling) (RASHBAM); (b) we may not teach a Halachah (to be followed in practice) based on an opinion expressed in the Gemara, since that opinion might be the ruling of a minority opinion (but rather we rule based on the consensus of scholars in the Beis ha'Midrash) (RABEINU GERSHOM)
b) [line 18] V'LO MI'PI MA'ASEH - and we also do not base the Halachah on a Ma'aseh (on a ruling that the Rav issued in an isolated case, because perhaps the Rav had a different reason for ruling like that in that case)
c) [line 19] AD SHE'YOMRU LO HALACHAH L'MA'ASEH - until he (the Rav) says to him (the student), "The Halachah in practice [in the case in which you ask] is..."
15) [line 20] U'VILVAD SHE'LO YEDAMEH - as long as he does not infer one case from the other
16) [line 21] KOL HA'TORAH KULAH DEMUYEI MEDAMINAN LAH! - In all cases of the Torah, the Halachos are understood by inferring one Halachah from another!
17) [line 22] SHE'LO YEDAMEH BI'TEREFOS - one should not issue a ruling in one case by inferring from a ruling in another case in cases of Tereifos (TEREIFAH)
A Tereifah is an animal that has acquired or was born with a fatal defect that will result in its death within a year. Our Gemara is teaching that a defect in the liver which renders an animal a Tereifah would not render it a Tereifah if it appears in the lung, and a defect in the lung which renders an animal a Tereifah would not render it a Tereifah if it appears in the liver.
18) [line 24] NA'AVID MA'ASEH? - Should we act accordingly?
19a) [line 26] KI ASI PISKA D'DINA DIDI L'KAMAICHU - when a ruling of mine comes in front of you
b) [line 26] V'CHAZISU BEI PIRCHA - and you find a difficulty with it
c) [line 26] LO SIKRE'UHU - do not rip it up (and disregard it)
d) [line 27] AD D'ASISU L'KAMA'I - until you come before me (to ask me about it)
20) [line 27] HADARNA VI - I will change my ruling
21) [line 28] MIGMAR NAMI LO SIGMERU MINEI - you shall also not learn from it (to act in accordance with that ruling)
Index to Background for Maseches Bava Basra