BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
BAVA BASRA 152-155 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the tenth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
[155a - 19 lines; 155b - 38 lines]
1) [line 3] HAINU D'MASHKACHAS LAH D'NACHASEI LEKUCHOS LI'NECHASIM - that is how it is possible that the buyers were in possession of (lit. went down to) the property (that is, they either were Mekayem the Shtar, or since the family admits to the validity of the Shtar, the buyers did not have to be Mekayem it)
2) [line 6] MODINA LACH - I agree with you
3) [line 8] ELA IM KEN NA'ASEH B'GADOL - unless all of the parties involved are adults
4) [line 2] MAI HAVEI - how does it help?
5) [line 3] SHTEI SA'AROS (SIMANIM)
(a) For most matters, a person is considered to have reached physical maturity and adulthood when he reaches the age of 13 (or, for a girl, the age of 12) and has signs of maturity, i.e. at least two pubic hairs. Until he has two hairs, he is considered a minor, even if he has passed the age of 13 (or she has passed the age of 12). If, however, a person reaches the age of 20 and still has no hairs, then if he has signs of a "Saris" (see below, entry #8), he is considered to be an adult.
(b) With regard to selling the land of his deceased father's estate, a person must not only have two hairs as a sign of maturity, but he or she must also have reached the age of 20 (according to the Halachic opinion).
6) [line 4] V'HU HA'SARIS - and he is the "Saris" (an impotent man, an adult without signs of physical maturity; according to the Gemara's conclusion, this means that he has actual signs or symptoms of a Saris, and not merely the absence of signs of maturity -- see below, entry #8)
7a) [line 5] LO CHOLETZ - he may not perform Chalitzah (CHALITZAH)
(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife -- see next entry), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.
b) [line 5] LO MEYABEM - he may not perform Yibum (YIBUM)
(a) If a married man dies childless and has brothers who survive him, his widow (or widows) may not remarry until one of the deceased husband's brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with the widow (or one of the widows), as it states in Devarim 25:5-10. Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist, marital relations between a man and his brother's wife are prohibited and make them liable to the punishment of Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be accomplished only through Bi'ah and not through Kesef or Shtar (see Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that one should precede Yibum with an act similar to Kidushei Kesef or Shtar, which is known as Ma'amar (see Background to Kidushin 43:19). The Bi'ah must be performed with the intention of fulfilling the Mitzvah.
8) [line 7] SIMANEI SERIS - physical signs of a Saris (an adult without signs of physical maturity). For a male Saris, such signs include the lack of growth of facial hair, soft hair, smooth skin (a man's skin is usually hairy and rough), and a high voice, among other signs (see Yevamos 80b and Background to the Daf there).
9) [line 7] DEIKA NAMI - this is also implied by the words of the Mishnah itself
10) [line 9] AD ROV SHENOSAV - until he has reached a majority of his years (i.e. the age of 36 (or 35 and one day), since the average lifespan is 70 years as expressed in Tehilim 90:10)
11) [line 11] LIVRI - he should make himself stronger and more healthy
12) [line 11] IY IVRI - if he is healthy (and, as a result of being too strong and healthy, his hairs have fallen out)
13) [line 12] LI'KCHOSH - he should make himself weaker
14) [line 12] ZIMNIN D'ASU MACHMAS... - sometimes they (the signs of adulthood) come because of...
15a) [line 14] TOCH ZEMAN - within the time (that is, within the 18th or 20th year, i.e. from age 18 to 19, or from age 20 to 21)
b) [line 14] LIFNEI ZEMAN - [is it like] before the time (like before age 18 or 20, and his sale of his father's land is not a valid sale)
c) [line 14] L'ACHAR ZEMAN - [is it like] after the time (like after age 18 or 20, and his sale of his father's land is a valid sale)
16) [line 17] LAV B'FEIRUSH ITMAR, ELA MI'KELALA ITMAR - it was not said explicitly by Rava, rather it was derived through something else he said
17) [line 21] SHETUSA YESEIRTA CHAZA BEI - he saw in him exceeding foolishness
18) [line 23] YODA'AS B'TIV MASA U'MATAN - she knows how to conduct business
19) [line 28] KEROVEI - his relatives
20) [line 28] ZIL ECHOL TAMREI V'SHADI BEI KASHYASA BEI RAVA - go eat dates and throw the pits into the house of Rava
21) [line 29] ZEVINEI LAV ZEVINEI - his sale is not a valid sale
22) [line 29] KI KA KASVU LEI SHTARA - when they (the court of Rava) were writing for him a Shtar [with their ruling that the sale is invalid]
23) [line 29] AMRU LEI LEKUCHOS - the buyers said to him
24) [line 30] MEGILAS ESTHER B'ZUZA, SHTARA D'MAR B'ZUZA - a Megilas Esther costs one Zuz, and the master's (Rava's) Shtar also costs one Zuz (i.e. he is charging you too much for having the Shtar written)!
25) [line 31] AGMERUHU - they taught him
26) [line 31] MASBEREI LEI SAVAR - [when] they explain something to him, he understands
27) [line 32] MEIDA YADA - he certainly knows [how to conduct business]
28) [line 32] CHUTZPA YESEIRA HU D'HAVAH BEI - it is exceeding brazenness that he has in him
29) [line 35] HA'PE'UTOS - children between the ages of six and nine years old who have reached a certain level of acumen (the Gemara in Gitin 59a, when explaining the term "Pe'utos," cites three opinions as to whether it refers to the ages of six to seven, seven to eight, or eight to nine, and concludes that these opinions do not argue, but that it all depends upon the child's acumen)
30) [line 36] "V'AMDU SHENEI HA'ANASHIM" - "The two men [who have the dispute shall stand before HaSh-m, before the Kohanim and the judges who will be in those days]." (Devarim 19:17) - The Gemara in Shevous (30a) explains that this verse refers to the witnesses (and not to the litigants). We learn from this verse that witnesses are valid only if they are adults ("Anashim").
31) [line 37] U'MATANASO MATANAH - his gift is a valid gift. This refers to a person under the age of 20, but above the age of 13, who has signs of adulthood, who gives away -- as a gift -- land that he inherited from his father. Although he is not empowered to sell such land, he is able to give it away as a gift, as the Gemara explains.
32) [last line] DILMA MOZIL U'MAZBIN - perhaps he discounted the price and sold it
33) [last line] D'LO MATI LEI V'LO MIDI - that nothing at all comes to him [in return, since he gave away the property as a gift]
Index to Background for Maseches Bava Basra