BACKGROUND TO THE DAILY DAF
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BAVA BASRA 133-134 (15 Teves) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.
[133a - 27 lines; 133b - 36 lines]
1) [line 1] ILU HADAR KANI, MI LO SHAKLA?! - If he (the husband) would have acquired [new property] again, would she not take it [for her Kesuvah]?! (Now, too, that one of his daughters died and he inherited the property from her which he had originally given to her as a gift, the wife should be able to take that property for her Kesuvah!)
2) [line 6] MIGO D'NACHASA L'DIKLA, NACHASA NAMI L'CHULHU NICHSEI - since she relied on [collecting] the date-palm tree, she relied [on collecting] all of the property (even the property that the man gave to his sons)
3) [line 9] GENAVA GENUVEI LAMAH LACH? - Why do you say your ruling in a sneaky fashion, "like a thief," as if it is agreed upon by all of the Tana'im? Say openly that you rule like Rebbi Yochanan ben Berokah!
4) [line 12] SHEMA'ATSICH - your teaching
5) [line 13] KI HA KA'AMART - like this you meant to say
6) [line 14] NICHSEI L'MAN? - His (your) property [should be given] to whom?
7) [line 14] ELA L'MAN?! - Rather to whom [should it be given]?!
8) [line 17] L'MAI HILCHESA? - For what [difference] is this ruling (whether he receives the property as a gift or as an inheritance)?
9) [line 18] ALMENASO NIZONIS MI'NECHASAV - his widow is supported from his property (MEZONOS HA'ALMANAH VEHA'BANOS)
(a) As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah... Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b, see Background to Gitin 48:24). Another Tenai Kesuvah is that after he dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they become married.
(b) If he dies before his wife, his wife must also be allowed to live in the house in which he lived and must be provided for by his household (with Mezonos) until she remarries. (This stipulation was only made in Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves the right to give her the value of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos 4:7-12)
10) [line 20] MIGRA GAR'A?! - Should she lose out (if her husband gives his property as a gift, and not as an inheritance, to someone else)?!
11) [line 21] B'MATANAH D'RABANAN - regarding a gift which is [binding only] because of a Rabbinic enactment [the widow should certainly be able to collect her support from the recipient of the gift]; the gift given by her husband was a Matnas Shechiv Mera, a gift given by a dying man through making a verbal statement (and not through a written document). The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place (see Background to Kidushin 26:28).
12) [line 25] YERUSHAH EIN LAH HEFSEK - an inheritance has no termination; once a person inherits property, that property is then inherited by his children when he dies and the line of inheritance is not discontinued.
13) [line 26] V'HA AFSEKAH!? - But he himself (the benefactor) terminated the gift (by stipulating that the gift be given to the second recipient when the first recipient dies)!?
14) [last line] V'RACHMANA AMAR EIN LAH HEFSEK - and the Torah says that it has no termination. Since his condition (to give his property as a gift) contradicts the Torah's law (that it is an inheritance), the condition is annulled and the action (the giving of the property to the first recipient) is upheld (see Background to Bava Basra 126:17).
15) [line 4] DAYANEI D'CHATZATZTA HACHI DAINEI - (a) compromising judges (who do not know the law and therefore always rule that the money in doubt should be divided among the litigants) judge in this manner (RASHBAM); (b) judges of the grave (who, like dead people, do not know anything) judge in this manner (RABEINU CHANANEL cited by RASHBAM; see CHIDUSHEI RAV GEDALYA LIFSCHITS)
16) [line 6] ICHSIF - he (Rav Ilish) was embarrassed
17) [line 6] KARI ALEI - he (Rava) pronounced about him (Rav Ilish, in order to comfort him)
18) [line 6] "ANI HASH-M, B'ITAH ACHISHENAH." - "I am HaSh-m, at its time I will expedite it." (Yeshayah 60:22) - This verse refers to the redemption. Rava comforted Rav Ilish by reading this verse (a) and implying that Rav Ilish is such a great Tzadik that HaSh-m brought redemption to Rav Ilish by preventing him from making a mistaken ruling (by having Rava correct him before he issued his ruling) (RASHBAM), or (b) telling Rav Ilish that when he reaches the age of 40 and becomes fit to issue Halachic rulings, HaSh-m will speedily grant him wisdom (RABEINU CHANANEL cited by RITVA; see Hagahos to the Ritva, who explains that according to this explanation, Rav Ilish though that attaining wisdom at the age of 40 (as the Mishnah in Avos says) was a natural, gradual process that culminates at that age, and he was distraught that he was nearing that age and made such a mistake. Rava comforted him by pointing out that the attainment of wisdom at the age of 40 is not necessarily a natural process, but a miraculous phenomenon, and thus he, Rav Ilish, will still be able to attain wisdom when he reaches 40.)
19) [line 7] HA'KOSEV ES NECHASAV L'ACHERIM - one who writes his property [as a gift] to others
20) [line 8] HINI'ACH - and he left out [his sons]
21) [line 9] EIN RU'ACH CHACHAMIM NOCHAH HEIMENU - (a) the spirit of the Sages is not pleased with him (RASHBAM here, RASHI to Bava Metzia 48a); (b) (alt. EIN RU'ACH CHOCHMAH...) the spirit of wisdom does not rest within him (RASHI to Bava Kama 94b and DIKDUKEI SOFERIM there; see TOSFOS YOM TOV to Avos 3:10)
22) [line 10] NOHAGIM KA'SHURAH - acting properly
23) [line 14] ILISA D'DINAREI - an attic (or utensil -- RITVA) full of [gold] coins, i.e. a huge sum of money
24) [line 14] KAM AKDESHAH - he arose and consecrated [all of the money to Hekdesh (see Background to Bava Basra 97:9)]
25) [line 14] AZIL NASIV BAS GADIL KELILEI D'YANAI MALKA - he went and married the daughter of the person who prepared (lit. braided -- it is possible that kings wore crowns of braided gold thread) crowns for King Yanai (RABEINU GERSHOM)
26) [line 15] OLIDAH DEVIS'HU - his wife gave birth
27) [line 16] ZAVIN LAH BINISA - he bought her a fish (to eat)
28) [line 16] KAR'AH - he cut it open
29) [line 16] ASHKACH BAH MARGELISA - he found in it a pearl (or jewel)
30) [line 17] LO SEMATYEI L'MALKA - do not bring it to the king (to sell it for use in his [Ataros])
31) [line 17] D'SHAKLEI LAH MINACH BI'DEMEI KELILEI - because they will take it from you for the [cheap] cost of crowns
32) [line 18] GIZBAREI - treasurers of Hekdesh
33) [line 19] V'LO SESHAIMAH AT - and you should not assess its value
34) [line 19] AMIRASO L'GAVO'AH, K'MESIRASO L'HEDYOT
The act of proclaiming something as Hekdesh accomplishes the same thing as physically handing something over to a private citizen (i.e. through speech one can make a Kinyan to Hekdesh). (Hence, if the person were to assess the value of the stone himself, his assessment would be binding and he would not be able to take more money in exchange for the jewel if it turns out that his assessment of the jewel's value was too low.)
35) [line 20] SHAMUHA BI'TLEISEREI ILYASA D'DINAREI - they assessed it to be worth thirteen attics (or utensils -- RITVA) of [gold] Dinerin
36) [line 24] HICHNIS ACHAS - he brought in one [attic-full of Dinerin as a contribution to Hekdesh]
37) [line 26] MI'CHELAL D'SHAPIR AVAD - this implies that he acted properly
38) [line 28] ME'HA LEIKA L'MISHMA MINAH - from this we cannot infer anything
39) [line 28] MAI HEVI ALAH? - What is the conclusion with regard to this (do the Rabanan argue with Raban Shimon ben Gamliel or not)?
40) [line 30] SHINENA - well-learned person
41) [line 30] LO SEHEVEI B'ABUREI ACHSANTA - do not get involved in a case where a father transfers his inheritable assets from one son to another
42a) [line 31] BARA BISHA - a wicked son
b) [line 31] BARA TAVA - a righteous son
43) [line 33] YONASAN BEN UZIEL - one of the eighty students of Hillel ha'Zaken, about whom the Gemara (Bava Basra 134a) relates that he was the greatest of all of the students (or the greatest of the "Beinonim")
44) [line 35] BA ALAV SHAMAI B'MAKLO V'SARMILO - he came upon him (to argue with him and rebuke him) with his staff and his leather pouch (see Background to Bava Metzia 41:12)
Index to Background for Maseches Bava Basra