BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
BAVA BASRA 156 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
[156a - 29 lines; 156b - 34 lines]
1) [line 1] ZAVIN SHAVI CHAMSHA B'SHISA - he sold something worth five for six (and made a profit)
2) [line 2] YENUKA MEKARVA DA'ATEI GABEI ZUZEI - a child is easily swayed by coins (lit. his mind is close to coins)
3) [line 4] ZIMNIN D'MEKARKESHEI LEI ZUZEI - sometimes they shake coins at him
4) [line 6] HAVAH LEI HANA'AH MINEI - he (the child) received some benefit or pleasure from him (the person to whom the child gave the gift)
5) [line 8] DEL'AVIDU LEHU MILEI - so that they will do favors for him
6) [line 9] BODKIN - we examine (for signs of maturity)
7a) [line 9] KIDUSHIN - betrothal, marriage
See Background to Kidushin 2:1.
b) [line 10] MI'UNIN (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave her the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
8) [line 12] BEN TESHA SHANIM V'YOM ECHAD - a boy who is nine years and one day old (and is thus considered physically fit to perform marital relations)
9) [line 15] ISH KASUV BA'PARSHAH - the word "man" is written in the Parshah of Yibum (Devarim 25:7)
10) [line 19] AD SHE'YIRBEH SHACHOR - until the black is in the majority (this means that the hairs have grown long enough to rest on the flesh, to give the appearance that the area is mostly black -- RASHBAM)
11) [line 26] HA'MECHALEK NECHASAV AL PIV - one who gives verbal instructions how to distribute his property [after his death, which are not in accordance with the laws of inheritance]
12a) [line 27] BARI - a healthy person
b) [line 27] MESUKAN - one who is deathly ill [and about to die] (this word is synonymous to Shechiv Mera for the purposes of our Gemara)
13) [line 1] IMAN SHEL BENEI ROCHEL - the mother of the sons of Rochel (the name of their father)
14) [line 2] TENU KEVINASI L'VITI - give my brooch (O.F. nosche) to my daughter
15) [line 3] SHNEIM ASAR MANEH - twelve Maneh, equal to twelve hundred silver Dinerin
16) [line 4] BENEI ROCHEL, TIKBEREM IMAN - the sons of Rochel -- their mother should bury them!
17) [line 6] MERONI ECHAD - a certain person from the city of Meron, in northern Eretz Yisrael (alt. MADONI, a certain person from Madon (see Yehoshua 12:19))
18) [line 8] AD SHE'YAKNEH AL GAV KARKA - until he will transfer it (the mobile property) by way of land (KINYAN AGAV)
(a) According to Torah law, certain methods of transferring ownership (Kinyanim) are effective only for land (Mekarka'in), while others are effective only for mobile objects in general (Metaltelin) or for specific mobile objects such as slaves. Kinyan Agav is effective for the transfer of mobile objects in general.
(b) Kinyan Agav is employed when a person transfers ownership of Nechasim she'Yesh Lahen Achrayus (immobile goods such as land) along with Nechasim she'Ein Lahen Achrayus (mobile goods such as a flowerpot). (The word Achrayus in this context means that people will trust a borrower who owns land (even the smallest amount) since they can expect to extract payment from the land should the borrower not have the money to pay back his loan (RASHI to Kidushin 26a).) As soon as the person makes a Kinyan on the land through Kesef (paying money), Shtar (handing over a contract) or Chazakah (enhancing the land with the intention of buying it - see Background to Bava Basra 51:7:b), he concurrently buys the mobile goods, also (Kidushin 26a and RASHI ibid.). For example, if a person is interested in selling a parcel of land and also a cow, when the buyer pays for the land, thereby acquiring it through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3.
19) [line 9] BEIS SELA - (a) land the size of a Sela coin (according to the Gemara's initial assumption in Kidushin 26b); (b) land as hard as a Sela, a rock (according to the Gemara's conclusion there)
20) [line 10] TZEFONO - its northern part
21) [line 13] MI'SHAM RE'AYAH?! - from there is a proof?!
22) [line 15] MAI TA'AMA KA LAYIT LEHU? - what is the reason that he (Rebbi Elazar) cursed them (the sons of Rochel)
23) [line 16] MEKAIMEI KOTZIM B'CHEREM - they kept brambles (thorny weeds) growing in a vineyard (KIL'AYIM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), our Gemara is referring to Kil'ei ha'Kerem.
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to Malkos.
(c) Rebbi Elazar (in Kil'ayim 5:8) maintains that leaving thorny weeds growing in one's vineyard is also prohibited, since, in some lands, people grow such plants in order to feed to their animals. The Chachamim argue and permit it, since people do not purposely grow thorny weeds, as our Gemara explains.
24) [line 19] DAVAR SHE'KAMOHU MEKAIMIN - a thing (plant) which is similar to that which people keep
25) [line 20] (KARKOM CHAZI) - (saffron is fit) (these words should be omitted from the text of the Gemara, as they are irrelevant to the discussion; BACH, DIKDUKEI SOFRIM)
26) [line 22] ARAVAYA - Arabia
27) [line 23] LI'GEMALEIHEN - for their camels
28) [line 24] AFILU B'SHABBOS - even on Shabbos (when, normally, making a Kinyan is prohibited because of a decree mid'Rabanan lest the parties involved come to write down the transaction and transgress the Isur d'Oraisa of writing on Shabbos)
29) [line 28] KAL VA'CHOMER B'CHOL - all the much more so [should the word of a Shechiv Mera be binding] on a weekday (when making a Kinyan is permitted)
30) [line 29] ZACHIN L'KATAN - we may acquire property on behalf of a minor (ZACHIN L'ADAM SHE'LO B'FANAV)
(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 -- see Background to Bava Metzia 9:11). This act may be performed by the Shali'ach (agent) of the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial for a person, someone may acquire it for the person as if he were his Shali'ach even though he was not actually appointed a Shali'ach to do so. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors (according to Rebbi Yehoshua, which is the Halachic opinion) who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin..." that allows one person to acquire an object for another person in such cases (RASHBA and RITVA to Kidushin 23b -- see Insights there; RAN to Kidushin 42a; this may be the argument among the Tana'im in the Mishnah here).
(c) According to Rebbi Eliezer in the Mishnah here, "Zachin" does not work for a Katan. Tosfos (DH Zachin) explains that it is because a Katan cannot appoint a Shali'ach. Rebbi Yehoshua argues and maintains that since the Katan has no other way of acquiring an object, the Chachamim instituted that others can acquire it for him.
31) [line 31] KAL VA'CHOMER L'GADOL - all the much more so [should "Zachin" (see previous entry) work] for an adult (who is able to make a Kinyan himself)
32) [line 32] REBBI YEHUDAH HI - it (the Mishnah) is in accordance with the way Rebbi Yehudah (in a Beraisa) explains the Machlokes between Rebbi Eliezer and Rebbi Yehoshua
Index to Background for Maseches Bava Basra