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BAVA BASRA 141
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BAVA BASRA 141 (23 Teves) - Dedicated in memory of Nachum ben Shlomo Dovid Mosenkis Z"L by his son and daughter-in-law, Mr. and Mrs. Sid Mosenkis (of Queens, N.Y.), to honor his 70th Yahrzeit.

[141a - 36 lines; 141b - 32 lines]

1) [line 4] L'MEIMRA D'VAS ADIFA LEI MI'BEN - this (the fact that the Tana chose to teach a case in which a man says that if his wife has a boy, he will give him a Maneh, and if she has a girl, he will giver her two Maneh, -RITVA) implies that a daughter is more preferable to him than a son
2)
[line 6] MALEI ALAV EVRAH - becomes full of anger at him
3)
[line 7] "[ISH KI YAMUS U'VEN EIN LO,] V'HA'AVARTEM ES NACHALASO L'VITO." - "[When a man dies and he has no son,] you shall pass his inheritance to his daughter." (Bamidbar 27:8) - The Gemara relates the word "v'Ha'avartem" to the word "Evrah" (anger).
4)
[line 8] "YOM EVRAH HA'YOM HA'HU, [YOM TZARAH U'METZUKAH YOM SHO'AH U'MESHO'AH YOM CHOSHECH VA'AFELAH YOM ANAN VA'ARAFEL.]" - "That day is a day of wrath, [a day of trouble and torment, a day of ruin and desolation, a day of darkness and gloom, a day of cloud and dark cloud.]" (Tzefanyah 1:15)
5)
[line 10] HARVACHAH - profit (according to the Rashbam, this means that a man gives more money to his daughter because he wants her to have financial security and not need to disgrace herself; according to the Toras Chaim, this means that a man gives more money to his daughter because she stays at home and assists him)
6)
[line 11] MEVAKERES - a woman who is giving birth for the first time
7)
[line 12] BAS TECHILAH, SIMAN YAFEH L'VANIM - when a daughter is born first, it is a propitious sign for sons
8)
[line 13] MERABYA L'ACHAHA - she helps raise her brothers
9)
[line 13] LO SHALTA BEI EINA VISHA - the evil eye (Ayin ha'Ra) will not effect him (because when a daughter is born first, even if he has sons later other people will not comment, "Look how many sons he has," giving him an Ayin ha'Ra (RABEINU GERSHOM); alternatively, because when a daughter is born first, there is no firstborn son to inherit a double portion, and thus the other brothers are not jealous and nor do people talk about how much the first son inherits (MAHARSHA)
10)
[line 15] UL'DIDI BENASAN ADIFAN LI MI'BENEI - and as for me, daughters are more preferable to me than sons (see Insights here for various reasons why)
11)
[line 16] HAI REBBI YEHUDAH? - which [statement of] Rebbi Yehudah [implies that daughters are preferable]?
12)
[line 17] D'"BA'KOL" - of the statement regarding the word "ba'Kol" (in Bereishis 24:1)
13)
[line 21] BERATA NAMI LO CHASREI RACHMANA L'AVRAHAM - HaSh-m did not hold back [from giving] even a daughter to Avraham (that is, the verse is teaching that HaSh-m blessed Avraham with everything, including a daughter)
14)
[line 22] MI SHAM'AS LEI - did he say? (lit. did you hear him [say]?)
15)
[line 23] MITZVAH LAZUN ES HA'BANOS - it is a Mitzvah to provide support for one's daughters. The Chachamim enacted a requirement for a man to provide support to both his young daughters and young sons. They based this requirement on the verse, "umi'Besarcha Lo Sis'alam" -- "[Surely you should share your bread with the hungry, and bring the poor, who are cast out, into your house. When you see the naked, cover him,] and do not hide yourself from your own flesh" (Yeshayah 58:7). However, it is not an obligation which Beis Din forces a man to fulfill. (RASHBAM)
16)
[line 26] D'LO LITZELAN - so that they not disgrace themselves (by having to beg for food, or work at menial jobs)
17)
[line 30] B'MESARES - [it is a case] in which he reverses [the stipulations, saying first that if his wife gave birth to twins, and a male was born first and then a female, then the male shall receive two Maneh and the female shall receive nothing. He then reverses the stipulation, saying that if a female is born first then she will receive one Maneh and the male born after her will receive one Maneh.]

18)
[line 34] HAVAH MAMON HA'MUTAL B'SAFEK V'CHOLKIN - it is a case of money whose ownership is in doubt, and thus they divide it (MAMON HA'MUTAL B'SAFEK CHOLKIN)
Sumchus maintains that property of doubtful ownership, i.e. with several claimants, is divided among the claimants. In the case of our Gemara, the money in doubt is the extra Maneh. The son receives one Maneh regardless of whether he was born first or second, as his father stipulated. If he was born first, though, then he should receive an additional Maneh, and the daughter should receive nothing. If, however, the daughter was born first, then she should receive the second Maneh. Thus, the ownership of that Maneh is in doubt, and thus it is split between the son and the daughter.

19)
[last line] B'MEVASRENI - the case is [where the father said that he would give the money to] "the one who informs me" [whether his wife gave birth to a son or a daughter]


141b----------------------------------------141b


20)
[line 1] BA'MEH NIFTAR RACHMAH SHEL ISHTI - with what did the womb of my wife open (i.e. what did my wife give birth to first)
21)
[line 6] LI'ME'UTEI MAI? - what was he excluding? (By mentioning each possibility (if a son is born, if a daughter is born, and if both (twins) are born), the father evidently was excluding some possibility, because otherwise he would have said simply, "Whoever tells me what my wife gave birth to, I will give him a Maneh.")
22)
[line 7] NEFEL - a stillborn
23)
[line 7] DEVIS'HU - his wife
24)
[line 8] NICHSAI L'HAI D'MI'ABART - my property shall go to the one with whom you are pregnant
25)
[line 9] MEZAKEH L'UBAR - he is granting ownership to a fetus

26)
[line 13] ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM
There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba l'Olam" - "a person can acquire a thing that has not yet emerged into the world," or not (Kedushin 63a). Some examples of things that have not yet emerged into the world are the fruits that will grow on a tree or the goods to be produced by one's wife. Even according to the opinion that maintains that one may acquire something that has not yet come into the world, one cannot transfer ownership to someone who has not yet come into the world. Here, the unborn son or daughter to whom the father wishes to give a Maneh has not yet come into the world, and thus the Kinyan should not take effect (and when the son or daughter is born, there should be no obligation for the father to give him or her the money).

27)
[line 17] UBAR POSEL V'LO MA'ACHIL - a fetus invalidates [the slaves owned by the deceased father from eating Terumah], and does not enable [its widowed mother -- who was the daughter of a Yisrael who married a Kohen] to eat Terumah
(a) All of the Kohanim, male or female, are entitled to eat Terumah. However, when a Bas Kohen marries a Yisrael, she loses her right to eat Terumah, and she is considered a Zar (non-Kohen), who is prohibited from eating Terumah (that is, her husband is "Posel" her from eating Terumah). Should her Yisrael husband divorce her or die, she may eat Terumah as before, as long as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth, she is prohibited from eating Terumah as are all Zaros. If she marries a Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she has no children from him, the prohibition for her to eat Terumah returns. If she does have a child from him, she continues to eat Terumah in the merit of her late husband, the father of her child (ibid.).
(c) Even the slaves of Kohanim eat Terumah because of their master who is a Kohen, since they are his possessions.
(d) Rebbi Yosi (in Yevamos 67a) maintains that if a Bas Yisrael who was widowed from her Kohen husband is pregnant when her husband dies, and her husband owned slaves, the fetus is considered (a) to own a share of the slaves, and (b) to be a non-Kohen, a Zar. Hence, the slaves may not eat Terumah, because they are owned by a Zar. However, the fetus also does not enable its mother to eat Terumah, because it is not considered a Kohen until it is born.

28)
[line 19] YERUSHAH HA'BA'AH ME'ELEHA - inheritance, which comes automatically
29)
[line 27] V'LEIMA LEI B'MEVASRENI - let him say that the case is [where the father said that he would give the money to] "the one who informs me"
30)
[line 29] YORESH MAI AVIDTEI?! - what does he (the person who informs the father about the birth of his child) have to do with inheriting (he is not related at all to the father)?!
31)
[line 30] BESHE'YALDAH - when she already gave birth
32)
[last line] "KOL SHE'TELED"?! "KOL SHE'YALDAH" MIBA'I LEI! - "Whatever she will give birth to"?! The Mishnah should say, "Whatever she gave birth to"!

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