BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
BAVA BASRA 137 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger, of Queens, New York.
[137a - 37 lines; 137b - 29 lines]
1) [line 4] SHE'SHIYEIR - that which is left
2) [line 11] RASHA ARUM - a cunning wicked person
3) [line 12] HA'MASI ETZAH - one who gives advice
4) [line 17] KEVAR KADMO "ACHARECHA" - [the person to whom the original benefactor referred to as] "after you" already preceded him (that is, when the first recipient of the gift gives it away as a "Matnas Shechiv Mera," the gift is not valid because such a gift takes effect only after the death of the Shechiv Mera. At the moment that the Shechiv Mera dies, though, the gift goes to the second recipient (of the original benefactor), and thus the gift was not in the possession of the Shechiv Mera to give away.)
5) [line 19] IM GEMAR MISAH - together with the end of [the Shechiv Mera's] death (thus, the Shechiv Mera's gift, and the gift given by the original benefactor to the second recipient, take effect simultaneously, and the object should therefore be split, -RASHBAM)
6) [line 21] MEHA'HI HADAR BEI - [how do we know that] from that [statement (that a "Matnas Shechiv Mera" takes effect as the Shechiv Mera dies, and not afterwards)] he changed his mind?
7) [line 25] HOTZI'AN L'CHEIRUS - and he let them free (see Background to Bava Kama 87:7)
8) [line 26] L'MI'AVAD ISURA LO YEHAVINAN LACH - I did not give them to you in order for you to transgress a prohibition (it is prohibited to release an Eved Kena'ani; see Berachos 47b, Gitin 38b)
9) [line 29] ASA'AN TACHRICHIN L'MES - he made them into shrouds for a dead person (ISUREI HANA'AH: TACHRICHIN)
Isurei Hana'ah are items from which it is prohibited by the Torah to derive benefit. Such items are considered to be of no monetary value. Some examples are Chametz b'Pesach (see Background to Bava Metzia 42:18) and Shor ha'Niskal (see Background to Bava Kama 96:39a). Shrouds of a dead person are also Asur b'Hana'ah, as the Gemara (Sanhedrin 47b) derives from verses.
10) [line 30] L'SHAVINHU ISUREI HANA'AH - [I did not give them to you in order for you] to make them into items that are prohibited to derive benefit from them (see previous entry)
11a) [line 1] IY MEIFAK LO NAFIK BEI - if he cannot fulfill his obligation with it
b) [line 1] L'MAI YAHAVEI NIHALEI - then for what did he give it to him?
12) [line 5] TEFUSAS HA'BAYIS - the collective ownership of the heirs of the estate of the deceased
13a) [line 8] PARISH - (O.F. codoinz) a quince
b) [line 8] RIMON - a pomegranate (the RASHBAM writes that this phrase, "Aval Parush O Rimon Lo," was mistakenly inserted into the text of the Gemara and it should be omitted. See, however, TOSFOS, RABEINU GERSHOM, and MAHARSHAL.)
14) [line 11] MATANAH AL MENAS L'HACHAZIR SHEMAH MATANAH (a gift given on condition that it be returned after its use is a full-fledged gift)
(a) In many instances the Torah requires a person to transfer ownership of a certain item to another person (for example, giving Matenos Kehunah to a Kohen or transferring an item of value through which a sale is effected). In addition, there are many Mitzvos for which a person needs to own an item in order to fulfill the Mitzvah (such as the Arba'as ha'Minim on Sukos, which must belong to the person ("Lachem") at least on the first day of Sukos, and a garment that is obligated in Tzitzis).
(b) In such cases, the Amora'im question whether a gift given on the condition that it be returned is considered to fully belong to the recipient for the time that he retains it. (That is, can money given under this condition effect a Pidyon ha'Ben or is a Lulav or Esrog given under this condition considered the possession of the recipient?)
(c) According to all opinions, if the gift was lost or the recipient does not return it, the transfer of ownership is revoked retroactively, since the condition was not fulfilled. The Rishonim add that when the recipient returns the gift, he must return it through a valid Ma'aseh Kinyan. Until this point it belonged entirely to him; therefore the gift does not return to the possession of the original owner without a full transfer of ownership (see KETZOS HA'CHOSHEN 241:4 and Insights to Sukah 46:3).
15) [line 13] KOL EIMAS D'HAVAS AZLA L'MIGZEREI - whenever she would go to cut it (i.e. to cut off the fruits, -RABEINU GERSHOM)
16) [line 14] HAVAH KAPID ILAVAH - he was strict with her (because she was trampling his crops)
17) [line 14] AKNISEI NIHALEI KOL SHENI CHAYAV - she transferred ownership of it to him for all of the days of his life
18a) [line 17] MISHUM (D'ASU) [D'ASISU] MI'MULA'EI - (a) since you come from a family with a permanent, incurable blemish (RASHI to Kesuvos 85a); (b) i. since you come from a severed (short-lived) family (the House of Eli, whose male members were cursed to die young - see Shmuel I 2:27-35) (RASHI to Yevamos 76a and Bava Metzia 109a); ii. since you come from the town of Memula, the residence of the House of Eli (RASHBAM here, TOSFOS to Yevamos ibid.); (c) since you are a great person (ARUCH)
b) [line 17] AMRISU MILEI MULYASA - (a) you say blemished words (RASHBAM here, RASHI to Bava Metzia 109a); (b) you say severed words (that have no foundation) (RASHBAM here in second explanation, and RASHI to Eruvin 25b); (c) you say great (impossible) words (ARUCH)
19a) [line 22] MAI AHADREI - what did he give back to him? (The ox is worthless to him, since it is Hekdesh!)
b) [line 23] MAI CHASREI - what did he cause him to lack? (He returned the same thing that he received -- an ox!)
20a) [line 24] AL MENAS SHE'TACHZIREHU - on condition that you return it
b) [line 25] AL MENAS SHE'TACHZIREHU LI - on condition that you return it to me
21) [line 25] MIDI D'CHAZI LEI - something that is fit for him [to use]
22) [line 28] IY EFSHI BAHEN - I do not want them
23) [line 28] OMED V'TZOVE'ACH - he stands up and shouts, protests
Index to Background for Maseches Bava Basra