BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
BAVA BASRA 135 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
[135a - 28 lines; 135b - 36 lines]
1) [line 1] ITESEI L'MAN? - To whom is your wife [permitted to become married]? (Must she perform Yibum, or may any man marry her?)
2) [line 2] CHAZYA L'CHAHANA RABAH - she is fit for [marrying] a Kohen Gadol (see Insights)
3) [line 7] V'LAV MI LO SHANINHU - but did we not answer
4) [line 8] V'ASHINUYEI NEIKUM V'LISMOCH?! - And should we depend upon those answers [to dictate the Halachah]?!
5) [line 9] CHUSH LAH - (a) be concerned for it (Abaye's question, that Rebbi Yitzchak bar Yosef said in the name of Rebbi Yochanan, that a husband is not believed to say that he divorced his wife, and therefore the deceased man's wife must do Chalitzah out of doubt) (RASHBAM); (b) we may rely on it (on the answer, and the woman may marry without doing Yibum or Chalitzah) (RABEINU GERSHOM)
6) [line 14] HA AMREI - but people are saying
7) [line 16] HASHTA MIHAS HA LEISNEHU KAMAN - but now they (the witnesses) are not in front of us
8) [line 17] EIDIM B'TZAD ISTAN V'SE'ASER? - Shall we prohibit her (from remarrying before doing Yibum or Chalitzah) merely because there [is a rumor that there] are witnesses in the north [who have not yet arrived to testify]?
9) [line 18] SHEVUYAH - a woman taken captive (who is believed to say that she was not defiled by her captors, since most women will guard themselves from being defiled by their captors)
10) [line 22] ACHUNA HU - he is our brother
11) [line 1] K'MANEH L'ACHER B'YADCHA DAMI - it is like a case of [a person who says,] "A Maneh owed to someone else is in your hand." (In such a case, the person who makes the claim is the only one with a claim of certainty ("Vadai"); both the lender and the borrower are unsure. In such a case, the borrower does not have to pay back the Maneh, even though in a normal case of "Bari v'Shema" (when the lender has a claim of certainty and only the borrower is unsure) he does have to pay. The case of our Gemara, where one brother says that he is sure that the doubtful brother is a real brother, is the same.)
12) [line 3] SHEVACH SHE'SHAVCHU NECHASIM ME'ELEIHEN - additional value that the property produced on its own (without any external investment of effort or money)
13) [line 4] SHEVACH HA'MAGI'A LA'KESEFAYIM - produce that was produced by the toil of the shoulders, and did not grow on its own (RASHBAM, RABEINU TAM cited by TOSFOS to Bava Kama 95b DH Shevach and to Bava Basra 42b DH Shevach).
14a) [line 6] DIKLA V'ALIM - a date-palm that became thicker
b) [line 7] AR'A V'ASIK SEIRATON - land that became covered with silt, which fertilizes and improves the field
15) [line 8] DAITIKI - the will of a Shechiv Mera. This word is a contraction of "Da Tehei l'Meikam v'Liheyos" - "This shall be what is established and what will be." (SHECHIV MERA)
(a) A Shechiv Mera is a person who is deathly ill (Shechiv = dying, Mera = ill). Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed, which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place.
(b) However, this enactment applies only to the Shechiv Mera's spoken command. If he writes in a Shtar his final will, then the Kinyan does not take effect until the Shtar is actually given to the beneficiary. Therefore, in our Mishnah, a written document found on the body of the Shechiv Mera is not binding, since it was never given.
16) [line 9] ZIKAH BAH L'ACHER - he transfers possession of it (the Shtar) to another person (even though that recipient is not the one named in the Shtar, he still acquires all of the property specified in the Shtar because it is considered like the verbal command of a Shechiv Mera, which is binding)
17) [line 12] DA TEHEI L'MEIKAM V'LIHEYOS - this shall be what is established and what will be
18) [line 13] MEHA'YOM UL'ACHAR MISAH - from today [the gift will be yours] and after [my] death (that is, at the time that the benefactor dies, the gift will become the recipient's retroactively from this day. The RASHBAM explains that the recipient receives the "Guf," or body, of the property immediately, but he only receives the rights to the "Peros," or produce, of the property after the benefactor dies)
19) [line 19] ACHSADRA D'VEI RAV - the veranda of the Yeshiva of Rav (an Achsadra is a structure at the side of a building that is covered by a roof and is enclosed on three of its sides)
20) [line 24] IZDAHARU BAH - be very careful with it (with this ruling, because this is the Halachah)
21) [line 27] L'AS'HUDEI ALEI - to give testimony about him (that his ruling is correct)
22) [line 28] RABEI?! - [does Rebbi Elazar, the student of Rebbi Yochanan, need to give testimony about] his teacher (that his ruling is correct)?!
23) [line 29] HEVU YOD'IM - you should know
24) [line 32] TIBADEK - you must check (and find out how the Shechiv Mera instructed to write this Shtar)
25) [line 32] DAITIKI MEVATELES DAITIKI - a [later] Daitiki (see above, entry #15) cancels out another [earlier] Daitiki (when the Shechiv Mera changed his mind and wrote a second Daitiki granting his property to a different person, the Shechiv Mera is able to retract his first will and the second Daitiki cancels the first)
26) [last line] HU MOSIV LAH, V'HU MEFAREK LAH - he asked the question and he himself answered it
27) [last line] B'MEYAPEH ES KOCHO - [the case in which we write and give a document of the gift at the request of the Shechiv Mera, even after he dies] is when he (the benefactor) is adding to his (the recipient's) strength (that is, the Shechiv Mera wants to give the gift to the recipient merely by his verbal command and not specifically through the giving of a Shtar; he only wants to give the Shtar so that the recipient will have proof that he is the owner of that gift)
Index to Background for Maseches Bava Basra