BAVA BASRA 144 (21 Sivan) - This Daf has been dedicated by Professor Mori Bank of Yerushalayim, in honor of the wedding of his daughter Elianna to Avraham Yeshayah Sternbuch, grandson of ha'Gaon Rav Moshe Sternbuch shlit'a. May they build together a Bayis Ne'eman b'Yisrael which will be a Binyan Adei Ad!

[144a - 37 lines; 144b - 44 lines]

1)[line 1]אודייניUDYANI- a water cistern

2)[line 2]דלנטירותא הוא דעבידאL'NETIRUSA HU D'AVIDA- it is made only for guarding (and no other work or expense is involved with producing the income that it provides)

3)[line 3]מצו מנטרי להMATZU MENATREI LAH- they are able to guard it

4)[line 6]שקלינהוSHAKLINU- he took them

5)[line 6]עבד בהו עיסקאAVAD BEHU ISKA- he conducted a business deal with them

6)[line 7]תבעוהו בדינאTAV'UHU B'DINA- they sued him in court

7)[line 8]לא שביק גירסיה וטרח לאחריניLO SHAVIK GIRSEI V'TARACH L'ACHARINEI- he does not leave his learning in order to work for others (and, therefore, it is considered as though he explicitly stated that he was taking his share of the estate in order to produce an income with it for himself)

8)[line 11]מאי עבידתה?MAI AVIDTAH?- what is she doing with it? (A woman has no rights to the property of her deceased husband, other than receiving her Kesuvah, or receiving Mezonos (support) until she receives her Kesuvah, in which case all of her income is giving to the man's heirs.)

9)[line 11]באשה יורשתB'ISHAH YORESHES- the Mishnah is referring to a case of a woman who inherits. The Rishonim give various scenarios for such a case; see Insights here.

10)[line 17]כיון דשביחא לה מילתאKEIVAN DI'SHEVICHA LAH MILSA- since doing so makes her praiseworthy

11)[line 17]דאמרי "קא טרחא קמי יתמי"D'AMREI "KA TARCHA KAMEI YASMEI"- because people say, "She is troubling herself for the orphans"

12)[line 18]אחולי אחלהACHULEI ACHLAH- [I might say that] she certainly foregoes [receiving the income that the property produces]

13a)[line 19]המשיא אשה לבנו גדול בבית, קנאוHA'MESI ISHAH LI'VENO GADOL B'VAYIS, KENA'O- if a man marries off his adult son in a special Beis Chasnus (see next entry), the son acquires the house

b)[line 19]בביתB'VAYIS (BEIS CHASNUS)- (a) a special home, with a Chupah inside of it, which was built for the eldest son who became a Chasan (RASHI to Megilah 5b DH u'Neti'ah - presumably it was reused for later children). It may be only a lean-to attached to the father's house, even as small as 4 Amos by 6 Amos by 5 Amos in height (RASHBAM to Bava Basra 98b); (b) the main residence at which the Chasan and Kalah stay during the time of the Sheva Berachos (Tosfos Sukah 25b DH Ein Simchah).

14)[line 22]ייחד לו אביו בית ועלייהYICHED LO AVIV BAYIS V'ALIYAH- his father designated for him a house that had an attic (he stated only that he was designating the house) (RASHBAM, RABEINU GERSHOM)

15)[line 23]ואכסדרהACHSADRAH- a structure that is covered by a roof and is enclosed on three of its sides, which stands before the entrance to the house and through which people walk in order to enter the house

16)[line 24]תיקוTEIKU

(a)The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1.It is sealed in its container ("Tik") (ARUCH, Erech Tik).

2.Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).

3.Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).

(b)Since these questions remain unanswered, the burden of proof rests on the son to prove that his father gave him both structures (RITVA).

17)[line 27]אוצרו של אביוOTZARO SHEL AVIV- the storehouse of his father (since the father had his belongings in the house, it is clear that the father did not intend to give the house to the son) (RASHBAM)

18)[line 28]שובכא דיוניSHOVCHA D'YONEI- a dovecote

19)[line 29]עציצא דהרסנאATZITZA D'HARSENA- a vessel full of small fish

20)[line 29]אנסביה לבריהANSEVEI LI'VREI- married off his son

21)[line 30]ותלא ליה סנדלאV'TALA LEI SANDELA- and he suspended a sandal there (as a way of using the house for himself, so that his son would not acquire the house)

22)[line 31]אשישא דמשחאASHISHA D'MISHCHA- a jar full of oil (RASHBAM); a jar used for oil that was empty (RITVA; the Ritva says that it was empty to show that it was not being used for the wedding feast in the house)

23)[line 33]כהלכתא בלא טעמאK'HILCHESA B'LO TA'AMA- like laws with no [sufficient] reason

24)[line 35]אפוטרופאAPOTROPA - (fem.) a caretaker; steward, manager of the household

(RASHI to Sukah 27a)

25)[last line]במעמד שלשתן, קנהB'MA'AMAD SHELOSHTAN, KANAH - in the presence of the three of them, he has acquired it

(a)When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used for Metaltelin (mobile items) are: - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4. Chalipin (barter); 5. Mesirah, i.e. handing over the reins of an animal or the tie-lines of a boat.

(b)However in certain circumstances Chazal decided that the transfer of ownership could be effected by speech alone. One of these circumstances is known as "Ma'amad Sheloshtan." If Shimon is holding money (either as a loan or a deposit, see Gemara later) for Reuven, and Reuven wants to give the money as a gift to Levi, Reuven can tell Shimon in the presence of all three of them that Shimon should give the money to Levi. A formal Ma'aseh Kinyan in front of witnesses is not required. Even though there is no specific proof or precedent for this practice from earlier sources, Rav ruled that this is the Halachah, since the above scenario is a common occurrence, and would be unnecessarily burdensome otherwise (RASHBAM).

144b----------------------------------------144b

26)[line 1]אחין השותפיןACHIN HA'SHUTAFIN- brothers who are partners (in their father's estate and have not yet divided the estate)

27)[line 1]שנפל אחד מהן לאומנותNAFAL ECHAD MEHEN L'UMNUS- one of them was drafted for governmental service

28)[line 2]נפל לאמצעNAFAL LA'EMTZA- the profit that he receives for his work is divided among all of them

29)[line 2]נתרפא משל עצמוNISRAPEI MI'SHEL ATZMO- he becomes healed from his own share (he must pay his own medical expenses and may not pay it from the estate)

30a)[line 4]שמינוהו גבאיMINUHU GABAI- they appointed him as a tax collector

b)[line 5]פולמוסטוסPOLMOSTOS- (a) a police officer (RASHBAM, RABEINU GERSHOM); (b) a hired soldier (RABEINU CHANANEL)

31a)[line 5]מחמת האחיןMACHMAS HE'ACHIN- because of the brothers (i.e. one brother was appointed randomly from this house, as the practice was to go from house to house and draft one member of each household for governmental service)

b)[line 6]מחמת עצמוMACHMAS ATZMO- because of himself (i.e. they hired him because he was particularly suited for the job)

32)[line 7]דחריף טפיCHARIF TEFEI- very sharp (smart)

33)[line 8]חורפיה גרים ליהCHURFEI GARIM LEI- his sharpness caused him [to be hired]

34)[line 11]אם אתה אצלנוIM ATAH ETZLENU- if you live with us

35)[line 13]כל היכא דאיתיהKOL HEICHA D'ISEI- wherever he lives

36)[line 14]ברכת הבית ברובהBIRKAS HA'BAYIS B'RUBAH- the blessing or prosperity of a household comes when there are many people in the household (either because they help one another (RASHI Kesuvos 103a), or because expenses are less, as one light can be used for many people (RABEINU CHANANEL), or because the Mazal of a larger group is more auspicious (TOSFOS in the name of "Yesh Mefarshim"))

37)[line 20]הכל בידי שמיםH'KOL B'YDEI SHAMAYIM- everything is in the hands of Heaven

38a)[line 20]מצניםTZINIM- chills

b)[line 20]פחיםPACHIM- (a) swelling (RASHI); (b) fever (RASHI to Kesuvos 30a and Avodah Zarah 2b); see Insights to Bava Metzia 107:4

39)[line 21]"צִנִּים פַּחִים בְּדֶרֶךְ עִקֵּשׁ; שׁוֹמֵר נַפְשׁוֹ יִרְחַק מֵהֶם""TZINIM PACHIM B'DERECH IKESH; SHOMER NAFSHO YIRCHAK MEHEM"- "Chills and fevers (alt. swelling) are in the way of the crooked; he who guards his soul shall be far from them." (Mishlei 22:5)

40)[line 23]שושבינותSHUSHVINUS (lit. close comradery)

Shushvinus refers to the custom whereby a person brings gifts to the wedding feast of a friend and partakes in the feast, and then the friend reciprocates and brings gifts when the first person (or one of his children) gets married. The Gemara here (144b-145b) will discuss the details of the practice of Shushvinus at length. The SHULCHAN ARUCH (EH 60) writes that this custom is no longer practiced the way it used to be.

41)[line 23]חזרה שושבינותCHAZRAH SHUSHVINUS- when the gifts of Shushvinus are reciprocated

42)[line 24]נגבית בבית דיןNIGVEIS B'VEIS DIN- it (the reciprocated Shushvinus) may be collected in Beis Din, like a loan. Since the law allows for the collection of Shushvinus in Beis Din, when a person owes Shushvinus to a man who died, his heirs inherit the right to receive the Shushvinus, just as his heirs inherit any debt that is owed to him.

43)[line 27]שלח לוSHALACH LO- his father sent Shushvinus specifically though him (this particular son, with intention that his son receive the benefits of partaking in the wedding feast, and that he receive the reciprocated Shushvinus)

44)[line 32]חזרה לגבותCHAZRAH LI'GEVOS- when the debt of Shushvinus comes back to be collected [from the father's estate]

45a)[line 33]כאן בסתםKAN BI'SETAM- this case (the case of our Mishnah) is when the father did not specify [that he wanted this particular son to bring the Shushvinus and thus to receive the reciprocated benefits]

b)[line 34]כאן במפרשKAN BI'MEFARESH- this case (the case of the Beraisa) is when the father specified [that he wanted this particular son to bring the Shushvinus and thus to receive the reciprocated benefits]

46)[line 37]ביבםYAVAM- the case of our Mishnah is referring to a Yavam (see Background to Bava Basra 134:11). The father sent Shushvinus with a specific son. The Mishnah agrees with the Beraisa that when the Shushvinus is reciprocated (after the father's death), it should be given to that son. The Mishnah, though, is referring to a case in which that son died, childless, before the Shushvinus was returned to him. One of the deceased son's brothers performs Yibum with his wife. The Halachah is that a Yavam inherits all of the property of his (deceased) brother for whom he is doing Yibum. However, like the double portion inherited by a Bechor, he does not inherit property that is "Ra'uy," fit to come to him but not yet in his possession. Thus, the Shushvinus, which is "Ra'uy," is inherited by all of the brothers of the deceased son. (RASHBAM)

47)[line 37]שאינו נוטל בראוי כבמוחזקEINO NOTEL B'RA'UY KEV'MUCHZAK- a Yavam does not receive a portion from assets that are fit to come into, but that have not yet entered, the possession of his deceased brother (see previous entry)

48)[line 38]דאידך משלםIDACH MESHALEM- the other person (who owes the Shushvinus) must pay it

49)[line 39]תנו לי שושביני ואשמח עמוTENU LI SHUSHVINI V'ESMACH IMO- give me my close friend and I will rejoice with him

50)[line 40]להחזיר קדושיןL'HACHAZIR KIDUSHIN- to return [to the man or to his heirs] the money of Kidushin given by the man to the woman (see Background to Kidushin 2:1)

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