BAVA BASRA 150 - A week of learning has been dedicated towards meriting a Refu'ah Sheleimah for Eliezer Lipa ben Yetta, by Mr. and Mrs. Kornfeld of Yerushalayim.

[150a - 36 lines; 150b - 32 lines]

1a)[line 2]עשו מטלטלין שיור אצל עבדASU METALTELIN SHIYUR ETZEL EVED- they (the Chachamim) made mobile property [have the status of property that was] held back in the case of [one who writes (as a gift) all of his property to his] slave [and excludes a minimal amount of mobile property (without specifying which property he was excluding)]

b)[line 3]אצל כתובהETZEL KESUVAH- the case of [one who writes (as a gift) most of his property to his sons, and a minimal amount of land to his wife. In such a case, the wife forfeits the right to collect her] Kesuvah, [since she accepted (through her lack of protest) the land that he gave her in place of her Kesuvah (Bava Basra 132a)]

2)[line 3]בדין הוא דלא ליתני קרקעB'DIN HU D'LO LISNI KARKA- it is correct that the Mishnah should not write "land"

3)[line 5]בפאהPE'AH

The corner, or end, of the harvest must be left in the field for the poor, as the Pasuk states "לֹא תְכַלֶּה פְּאַת שָׂדְךָ לִקְצֹר... לֶעָנִי וְלַגֵּר תַּעֲזֹב אֹתָם" "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov Osam" - "Do not completely harvest the corner of your field... you shall leave them (the gifts of Pe'ah, Leket, Olelos, and Peret) for the poor and the stranger" (Vayikra 19:9-10).

4)[line 6]ובבכוריםBIKURIM

(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "וְהָיָה כִּי תָבוֹא אֶל הָאָרֶץ... וִירִשְׁתָּהּ וְיָשַׁבְתָּ בָּהּ... וְלָקַחְתָּ מֵרֵאשִׁית כָּל פְּרִי הָאֲדָמָה..." "v'Hayah Ki Savo El ha'Aretz... vi'Yrishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Mitzrayim and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).

(b)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) - wheat, barley, grapes, figs, pomegranates, olives, and dates (Bikurim 1:3, RAMBAM ibid. 2:2).

(c)Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be returned to and eaten in Yerushalayim.

5)[line 6]ולכתוב עליהם פרוזבולV'LICHTOV ALEIHEM PRUZBUL (PRUZBUL - A document allowing the collections of loans after Shemitah)

(a)The Torah requires that all loans shall be canceled every seventh year, as the Pasuk states (Devarim 15:2), "שָׁמוֹט כָּל בַּעַל מַשֵּׁה יָדוֹ" "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "לֹא יִגֹּשׂ אֶת רֵעֵהוּ וְאֶת אָחִיו" "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.). Most Rishonim rule that the Shemitah year cancels loans at the end of the year, on the last day of the month of Elul (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).

(b)Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.

(c)Hillel the Elder saw that people stopped giving loans when the Shemitah year was approaching, out of fear that that they would not get their money back, because the debt would be annulled because of Hashmatas Kesafim. By doing so, they were transgressing an express command of the Torah not to refuse to lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the "Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich), effectively creating a means to avoid having Shemitah annul one's debts, as long as the borrower owns some land, even the smallest amount (Shevi'is 10:3,6).

(d)In a Pruzbul document, one files a contract with Beis Din, before the end of the Shemitah year, stating that he is placing all debts owed to him into the hands of the Beis Din to collect them in his stead (Shevi'is 10:4). By doing this, the creditor will not transgress the prohibition of "Lo Yigos" when he collects the loan after Shemitah, since he will not have to approach the borrower to collect the loan; Beis Din will take care of the collection and he will approach Beis Din. Beis Din, too, does not have to approach the borrower to collect the loan, since Beis Din can simply collect it themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos 89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A Pruzbul only allows a person to collect the loan after Shemitah if the borrower has land. It is unusual for a person to lend money to a person without land, and the Rabanan did not institute the use of Pruzbul for unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul). Alternatively, Pruzbul permits a person to collect a loan after Shemitah because the moment one allows Beis Din to collect his loans, it is as if they are already collected, and in his possession, immediately (since nothing can stop Beis Din from collecting the loan). This is also the reason the borrower must own land in order for Pruzbul to permit the collection of the loan. It is only if he has land that Beis Din can easily collect the loan. If the borrower only has movable possessions, it is possible for him to prevent Beis Din from collecting them by hiding them from Beis Din. Therefore they are not considered to have entered the creditor's possession until they are actually collected as payment (RASHI to Bava Kama 12a DH Chal).

6)[line 6]ולקנות עמהם נכסים שאין להם אחריות בכסף ובשטר ובחזקהV'LIKNOS IMAHEM NECHASIM SHE'EIN LAHEM ACHRAYUS B'CHESEF UVI'SHTAR UV'CHAZAKAH- and to acquire through them (the land) mobile property, though the forms of Kinyan of Kesef, Shtar, and Chazakah (see Background to Bava Basra 149:18)

7)[line 9]לית ליה שיעורא?!LEIS LEI SHI'URA?!- it has no [minimal] amount?!

8)[line 10]חמש רחלות, גוזזות מנה [ופרס] מנה ופרס, חייבות בראשית הגזCHAMESH RECHELOS GOZEZOS MANEH [U'FERAS] MANEH U'FERAS CHAYAVOS B'REISHIS HA'GEZ - five sheep, from each of which one can shear a Maneh and a half's worth of wool, are obligated in the Mitzvah of Reishis ha'Gez (REISHIS HA'GEZ)

(a)Every time a flock of sheep is shorn, it is a Mitzvas Aseh to give the first shearings to a Kohen, as stated in Devarim (18:4), "וְרֵאשִׁית גֵּז צֹאנְךָ תִּתֶּן לּוֹ" "v'Reishis Gez Tzoncha Titen Lo." Although the Mishnah (Chulin 135a) states that this Mitzvah applies both in Eretz Yisrael and in Chutz la'Aretz, the Halachah follows the ruling of Rebbi Ila'i (ibid. 136b, Berachos 22a) who rules that the Mitzvah applies only in Eretz Yisrael (Rambam Hilchos Bikurim ch. 10).

(b)The owner is obligated to give the first shearings to the Kohen only when a minimum amount of fleece is shorn from a minimum number of sheep. The minimum number of sheep is two according to Beis Shamai and five according to Beis Hillel. The Halachah follows Beis Hillel (Chulin 135a). The minimum amount of fleece that must be shorn from each of the five sheep, according to Rebbi Dosa ben Harkinas (ibid.), is fleece weighing a "Maneh u'Feras" (a Maneh and a half). (A Maneh is one hundred silver Dinerin, each one of which occupies the volume of 96 grains of barley - Kidushin 12a.) As such, the total minimum amount of fleece that must be shorn according to Rebbi Dosa is 750 silver Dinerin (5 x 150). According to the Rabanan, the weight of twelve Sela'im must be shorn from each sheep, for a total of 60 Sela'im (i.e. 240 Dinerin), according to Shmuel, who holds the Halachic opinion - Chulin 137b. Rav maintains that according to the Rabanan the wool of all five animals must weigh only 150 Dinerin.

(c)After all of one's sheep are shorn, one must give to the Kohen one-sixtieth of all of the shearings, whether it is a lot or a little (as long as the minimum required amount is fulfilled, as mentioned above). When one gives the wool to the Kohanim, he must not give less than the weight of five Shekalim (ten Dinerin) of wool to each Kohen, which is the amount that suffices to make a belt (Chulin 138a).

9)[line 11]מנהMANEH- one hundred silver Dinerin, each one of which occupies the volume of 96 grains of barley (Kidushin 12a)

10)[line 11]מנה [ופרס] מנה ופרסMANEH [U'FERAS] MANEH U'FERAS- the shearing of each sheep must weigh at least a Maneh and a half (150 Dinerin; see above, entry #8:b)

11)[line 14]מנה ופרסMANEH U'FERAS- the total volume of the wool of all five animals must weigh a Maneh and a half (150 Dinerin; see above, entry #8:b)

12)[line 14]ובלבד שיהו מחומשותU'VILVAD SHE'YEHU MECHUMASHOS- as long as each sheep produces a fifth of the Maneh and a half of wool (i.e. 7 1/2 Sela'im, or 30 Dinerin)

13a)[line 16]שיעורא רבהSHI'URA RABA- a large amount

b)[line 17]שיעורא זוטראSHI'URA ZUTRA- a small amount

14)[line 18]מטלטלאי לפלניאMETALTELA'I LI'FELANYA- my mobile property [shall be given] to so-and-so (according to the Girsa of the BACH)

15a)[line 18]כל מאני תשמישתיה קניKOL MANEI TASHMISHTEI KANI- he acquires all of his items of usage

b)[line 19]לבר מחטי וְשַׂעֲרֵיL'VAR ME'CHITEI V'SA'AREI- except for wheat and barley

16a)[line 20]ריחים העליונהREICHAYIM HA'ELYONAH- the upper millstone (which is frequently moved)

b)[line 21]ריחים התחתונהREICHAYIM HA'TACHTONAH- the lower millstone (which is not frequently moved)

17)[line 21]כל דמטלטלKOL D'MITALTEL- everything that is movable

18)[line 22]עבדא, כמקרקעא או כמטלטלא דמי?AVDA, KI'MEKARKE'A O KI'METALTELA DAMI?- Is a slave considered like land or like mobile property [when referred to in everyday speech]? (See Background to Bava Basra 68:6.)

19a)[line 23]שיחיןSHICHIN- narrow elongated ditches

b)[line 23]ומערותME'AROS- caves (usually leading to a spring or water source)

20)[line 24]ומרחצאותMERCHATZA'OS- bathhouses

21)[line 24]ובית הבדיןBEIS HA'BADIN- olive presses

22)[line 24]ובית השלחיןBEIS HA'SHELACHIN / HA'SHALCHIN- a field that receives its water from irrigation or a wellspring (usually located on a mountain - RASHI to Moed Katan 2a)

23)[line 26]לא מיזדבןLO MIZDABAN- they are not sold

24)[line 28]מאי "אפילו"?MAI AFILU?- What is [the meaning of] "even" [in the Mishnah's statement, "... even if there were... slaves in it, they are all sold"]? (By saying "even [slaves]," the Mishnah implies that slaves are not considered mobile property, and we would have thought that they are not sold with the city even when the seller specifies that "everything in the city" should also be sold. Therefore, the Mishnah teaches us that even slaves are sold with the city.)

25)[line 29]דניידD'NAYID- that move

150b----------------------------------------150b

26)[line 1]דלאו כרות גיטאD'LAV KEROS GITA- for it is not a proper severance of a Get. We learn from the verse (Devarim 20:1) that the Get given to a woman to divorce her (and, similarly, the Get Shichrur given to a slave to free him, as derived through a Gezeirah Shavah from Get Ishah) must be written in the wording of a total and absolute severance. If there is any implication of a lack of severance, then the Get is not valid (see RASHBAM here).

27)[line 2]חמשה עד שיכתבו כל נכסיהםCHAMISHAH AD SHE'YICHTEVU KOL NICHSEIHEM- there are five cases [of transfer of property in which the law does not change] until they write [as a gift] all of their property (that is, in each case there is a difference between giving away part of one's property and giving away all of one's property)

28)[line 4]מברחתMAVRACHAS- a woman who writes a document of transfer of ownership of her property before her marriage, in order to divert property away from her future husband (but in such a manner that she will be entitled to receive the property back in the event that her husband later dies or divorces her)

29)[line 11]אפטרופאAPOTROPA- (fem.) a caretaker; steward, manager of the household (RASHI to Sukah 27a)

30)[line 13]אבדה כתובתהAVDAH KESUVASAH- she loses the rights to collect the value of her Kesuvah

31)[line 15]ובכולהוUV'CHULHU- and in all of these cases

32)[line 16]דאמקרקעי תקינו רבנןA'MEKARKE'EI TAKINU RABANAN- the Rabanan enacted that a Kesuvah be collected only from land

33a)[line 17]דכתיבי בכתובהDI'CHESIVEI BA'KESUVAH- which are written in the Kesuvah

b)[line 18]ואיתנהו בעינייהוV'ISNEHU B'EINAIHU- and they are present (in the husband's possession)

34)[line 19]עבדא איקרי נכסיAVDA IKRI NICHSEI- a slave is called "property"

35)[line 22]גלימאGELIMA- a cloak

36)[line 23]ושאין להן אחריותSHE'EIN LAHEN ACHRAYUS- mobile property

37)[line 27]בי חוזאיBEI CHOZA'EI- a district of Bavel on the caravan road, along the Tigris River and its canals

38)[line 28]אגב אסיפא דביתיהAGAV ASIFA D'VEISEI- by means of transferring to him ownership through a Kinyan Agav (see Background to Bava Basra 149:18) using (a) the threshold of his house (RASHBAM); (b) according to the Girsa "סיפא דביתיה" "SEIFA D'VEISEI" - a small corner at the end of his house (RASHI to Bava Kama 104b, 2nd explanation)

39)[line 28]כי אתא, נפק לאפיה עד תווךKI ASA, NAFAK L'APEI AD TAVACH- when he (Rav Shmuel bar Acha) returned, he (Rav Papa) went out as far as Tavach to greet him

40a)[line 29]זכו בשדה (זה) [זו] לפלוניZECHU B'SADEH (ZEH) [ZO] LI'PELONI- acquire this field on behalf of so-and-so

b)[line 30]וכתבו לו את השטרV'CHISVU LO ES HA'SHTAR- and write him a deed [of transfer of ownership]

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