BAVA BASRA 158 - 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.

[158a - 7 lines; 158b - 22 lines]

1)[line 5]נכסים בחזקתןNECHASIM B'CHEZKASAN- those items of Nichsei Tzon Barzel (see below, entry #2b) stay in the possession of the heirs who have legal rights to them (which is a Machlokes Amora'im, see 158b)

2a)[line 6]כתובהKESUVAH

(a)When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuz (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)

(b)When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write her a Kesuvah document in which he promises that she will receive 100 Zuz from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b - The Gemara there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).

b)[line 6]נכסים הנכנסין והיוצאין עמהNECHASIM HA'NICHNASIN VEHA'YOTZ'IN IMAH (NICHSEI MILUG / NICHSEI TZON BARZEL)

A woman brings into her marriage two types of possessions, as follows:

1.Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.

2.Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nechasim ha'Nichnasin veha'Yotz'in Imah, or Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).

158b----------------------------------------158b

3)[line 4]הואיל והללו באין לירשHO'IL V'HALALU BA'IN LIRASH- since these [heirs] come to inherit

4)[line 6]עליו ועל אמוALAV V'AL IMO- on him and on his mother (the Mishnah is referring to a case where he is the only son of his mother and she is a widow - RASHBAM)

5)[line 6]אלו ואלו מודיןELU V'ELU MODIN- Beis Shamai and Beis Hillel both agree

6)[line 7]מודה אני בזו שהנכסים בחזקתןMODEH ANI B'ZO SHEHA'NECHASIM B'CHEZKASAN- I "agree" with regard to this [case that there is a similar argument between Beis Shamai and Beis Hillel, and that Beis Hillel rules here as well] that ha'Nechasim b'Chezkasan (that those items of the mother's estate stay in the possession of her heirs who have legal rights to them, which is at first a Machlokes Amora'im, but all eventually conclude that her father's family has the legal rights to them)

7)[line 8]על [ה]חלוקין אנו מצטעריןAL [HA']CHALUKIN ANU MITZTA'ARIN- we are distressed by the arguments [that exist between Beis Shamai and Beis Hillel]

b)[line 9]אלא שבאת לחלק עלינו את השוין?ELA SHE'BASA L'CHALEK ALEINU ES HA'SHAVIN?- and you want to claim that they argue also in a case where the Tana Kama of our Mishnah claims that they agree?

8)[line 11]כי סליק רבי זיראKI SALIK REBBI ZEIRA- when Rabbi Zeira went up [to Eretz Yisrael]

9)[line 12]קם בשיטתיה דרבי אילאKAM B'SHITESEI D'REBBI ILA- [retracted his opinion and] reverted to (lit. stood in) the opinion of Rebbi Ila

10)[line 14]אוירא דארץ ישראל מחכיםAVIRA D'ERETZ YISRAEL MACHKIM- the air of Eretz Yisrael makes one wise

11)[line 15]הואיל והוחזקה נחלה באותו שבטHO'IL V'HUCHZEKAH NACHALAH B'OSO SHEVET- since the portion has been in the possession of that tribe (the tribe of his mother's father) until now

12)[line 17]עדא אמרהADA AMRAH- this proves

13)[line 18]תלמיד חברTALMID CHAVER- a disciple on the level of a colleague

14)[line 18]דקאמר ליה "שבאת"D'KA'AMAR LEI "SHE'BASA"- since he said "that you came" (and not "that the Master came")

15)[line 21]לוה מאי מפיק?LOVEH MAI MAPIK?- What [properties or possessions] does a debtor repossess?

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