BAVA BASRA 166 (13 Tamuz) - Today's Daf is dedicated to the blessed memory of U.S. Army Staff Sgt. Seymour Ira Gottlieb (Yitzchak Shimon ben Chaim Shlomo Yosef ha'Levi, Z"L), who died in World War II on the 13th of Tamuz 5704 in the battle of St. Lo, France, fighting the Nazis to save his Jewish brethren in Europe.

1)

(a)We just learned in the Beraisa that if a Sh'tar contains 'Zahav be'Dinrim', the Ba'al ha'Sh'tar may claim two silver Dinrim-worth of gold. What does Abaye say to explain how we know that he did not mean two golden Dinrim worth of gold nuggets?

(b)What problem does this pose on the Reisha ...

1. ... of the first Beraisa 'Kesef be'Dinrin, Ein Pachos mi'bi'Shenei Dinrin Dahav'?

2. ... of the second Beraisa 'Dahav Dinrin ... Ein Pachos mi'Shenei Dinrin Dahav'?

(c)How does Rav Ashi answer the Kashya by drawing a distinction between Dinrei and Dinrim?

(d)What is the source of Rav Ashi's distinction?

1)

(a)We just learned in the Beraisa that if a Shtar contains 'Zahav be'Dinrim', the Ba'al ha'Sh'tar may claim two silver Dinrim-worth of gold. To explain how we know that he did not mean two golden Dinrim worth of gold nuggets - Abaye cites the principle 'Yad Ba'al ha'Sh'tar al ha'Tachtonah'.

(b)The problem this poses on the Reisha (of both Beraisos that we just learned is why do we not say there too 'Yad Ba'al ha'Sh'tar al ha'Tachtonah'. Consequently, in the Reisha, the Tana ...

1. ... of the first Beraisa 'Kesef be'Dinrin, Ein Pachos mi'bi'Sh'nei Dinrin Dahav' - should have permitted him to claim no more than 'pieces of silver to the value of two silver Dinrim'.

2. ... of the second Beraisa 'Dahav Dinrin ... Ein Pachos mi'Shenei Dinrin Dahav' - should have permitted him to claim no more than 'two silver Dinrim-worth of gold nuggets.

(c)Rav Ashi answers the Kashya by drawing a distinction between 'Dinrei' - which is the text in the Reisha of both Beraisos and which means golden Dinrim, and 'Dinrim', which means silver Dinrim, and which is the text in the Seifa.

(d)The source of Rav Ashi's distinction - is a Mishnah in Taharos, as we shall now see.

2)

(a)What does the Tana in Taharos say about a woman who has five Safek Leidos or five Safek Zivus?

(b)What Korban does she bring for one Leidah or one Zivus?

(c)What is the meaning of a Safek ...

1. ... Leidah?

2. ... Zivus?

(d)What is the case of five Safek Zivos of which the Mishnah in K'risus is speaking?

2)

(a)The Tana in Taharos rules that a woman who has five Safek Leidos or five Safek Zivus - must bring one set of Korbanos, after which she is permitted to eat Kodshim, and is exempt from bringing the remaining four sets.

(b)The Korban that she brings for one Leidah or one Zivus is - either two pigeons or two young doves (one as an Olah and one as a Chatas).

(c)A Safek ...

1. ... Leidah is - where the woman is not sure whether she gave birth to a baby or to what is known as a 'Ru'ach'.

2. ... Zivus is - where she saw blood on three consecutive days, but is not sure whether this took place during the days when she was a Nidah, or whether it was between one Nidus and the next, in which case she is now a Zavah.

(d)The case of five Safek Zivos of which the Mishnah in K'risus is speaking is - where following the initial Safek, she saw blood three times on another four consecutive months.

3)

(a)What is the difference between this woman and a woman who is Chayav five Vaday Korb'nos Leidah or five Vaday Korb'nos Zivus?

(b)In the case of Safek, what is the point in bringing one set of birds (seeing as she is Chayav five)?

(c)Why is she not obligated to bring the rest of her Korbanos?

(d)And in the case of Vaday Chamesh Leidos, under what condition is she obligated to bring all five sets of birds?

3)

(a)The difference between this woman and a woman who is Chayav five Vaday Korb'nos Leidah or five Vaday Korb'nos Ziyvus is that - the latter remains obligated to bring the outstanding four sets of Korbanos.

(b)In the case of Safek, the point in bringing one set of birds (despite the fact that she is Chayav five) is that - one set of Korbanos is what permits her to eat Kodshim, as we just explained.

(c)She is not obligated to bring the rest of her Korbanos - because Chazal found it difficult enough to permit the bringing of the one Korban Chatas that she needs, which then has to be burned (a Halachah peculiar to a Safek Chatas ha'Of). But more than that they did not allow her to bring.

(d)In the case of Vaday Chamesh Leidos, she is obligated to bring all five sets of birds - provided she gave birth each subsequent time after the thirty-three days of Taharah (for a boy) or the sixty-six days for a girl (the Yemei M'los).

4)

(a)What did Rabban Shimon ben Gamliel once swear when the going price for a pair of birds in Yerushalayim was 'Dinrei Zahav'?

(b)To what was he referring when he said 'ha'Ma'on ha'Zeh'?

(c)What did he Darshen in the Beis-Hamedrash in order to achieve this end?

(d)Immediately, the price of a pair of birds dropped to a quarter of a Dinar. How many P'rutos is that?

4)

(a)When the going price for a pair of birds in Yerushalayim was once 'Dinrei Zahav', Rabban Shimon ben Gamliel swore - that he would not go to bed that night before he had brought the price down to Dinrim.

(b)When he said 'ha'Ma'on ha'Zeh' (this holy dwelling) - he was referring to the Beis Hamikdash.

(c)In order to achieve this end, he Darshened in the Beis-Hamedrash that - a woman who had five Vaday Korb'nos Leidah or five Korb'nos Ziyvah need only bring one of them in order to eat Kodshim, and was exempt from bringing the rest (removing the incentive from the bird-sellers to keep their prices high).

(d)Immediately, the price of a pair of birds dropped to a quarter of a Dinar - which is the equivalent of forty-eight P'rutos.

5)

(a)What has Rav Ashi proved from here?

5)

(a)Rav Ashi proved from here that - 'Dinrim' are silver Dinrim whereas 'Dinrei' are golden ones.

166b----------------------------------------166b

6)

(a)We learned in our Mishnah that when there is something missing in the latter part of the Sh'ar, we copy it from the first half. The Tana of the Beraisa gives as an example 'Chanan' from 'Chanani' or 'Anan' from 'Anani'. What does he say about 'Chein' from 'Chanani' or 'An' from 'Anani'?

(b)Why is that?

(c)We suggest the reason for this distinction as being because two letters can sometimes be as much as half a name (should the name on top be one of four letters). What objection do we raise to this suggestion?

(d)What reason then, do we finally give for not accepting a discrepancy of two letters?

6)

(a)We learned in our Mishnah that when there is something missing in the latter part of the Sh'ar, we copy it from the first half. The Tana of the Beraisa gives as an example 'Chanan' from 'Chanani' or 'Anan' from 'Anani'. He adds that we will not however, copy 'Chein' from 'Chanani' or 'An' from 'Anani' ...

(b)... because it constitutes a discrapncy of two letters.

(c)We suggest the reason for this distinction as being because two letters can sometimes constitute as much as half a name (should the name on top comprise four letters). We object to this suggestion however on the grounds that - by the same token, one letter will be half a name, should the name on top comprise two letters.

(d)The reason that we finally give for not accepting a discrepancy of two letters is - because sometimes, the word on top will be one of three letters, in which case the discrepancy will entail the majority of the word.

7)

(a)Rav Papa takes for granted that a case where the word 'Sefel' appears on the top half of the Sh'tar and 'Kefel', on the lower half, is a typical example of our Mishnah's ruling ('Holchin Achar ha'Tachton'). If 'Sefel' refers to a cup that Reuven gave Shimon to look after, what does 'Kefel' mean?

(b)He asks what the Din will be in the reverse case (where 'Kefel' is on top, and 'Sefel' at the bottom). Why might this case be any worse than the previous one?

(c)What is then Rav Papa's She'eilah?

(d)The She'eilah ends with 'Teiku'. What is the Halachah?

7)

(a)Rav Papa takes for granted that a case where the word 'Sefel' appears on the top half of the Sh'tar and 'Kefel', on the lower half, is a typical example of our Mishnah's ruling ('Holchin Achar ha'Tachton'). 'Sefel' refers to a cup that Reuven gave Shimon to look after - 'Kefel' to a cloak that can be folded.

(b)He asks what the Din will be in the reverse case (where 'Kefel' is on top, and 'Sefel' at the bottom), which might be worse - due to the possibility that a fly closed the gap in the 'Kaf' at the bottom of the Sh'tar, turning it into a 'Samech' ...

(c)... and Rav Papa's She'eilah is whether we contend with such a possibility or not.

(d)The She'eilah ends with 'Teiku. The Halachah is - 'ha'Motzi me'Chavero, alav ha'Re'ayah' (and the Ba'al ha'Sh'tar takes whichever is worth less.

8)

(a)What do we rule in a case where an ox gored and killed a pregnant cow, next to which a dead calf is found, but it is not known whether it was still-born before the goring or whether the goring killed it and caused it to fall out of the womb?

(b)What makes the ruling here different?

8)

(a)In a case where an ox gored and killed a pregnant cow, next to which a dead calf is found, but it is not known whether it was still-born before the goring or whether the goring killed it and caused it to fall out of the womb, we rule - 'Mamon ha'Mutal be'Safek, Cholkin'.

(b)The ruling here is different - because there, where it is a Safek as to what happened, Beis-Din have the authority to issue a ruling according to the doubt; whereas here, where it is a 'S'feika de'Dina', Beis-Din are forced to remain silent, allowing the Chazakah to decide the Halachah.

9)

(a)What problem did Rav Sh'ravya have with the Sh'tar, which contained the wording 'Shis Me'ah ve'Zuza'?

(b)What is an 'Istira'?

(c)Why did Abaye dismiss the possibility that 'Shis Me'ah' meant six hundred P'rutos?

9)

(a)The problem Rav Sh'ravya had with the Sh'tar, which contained the wording 'Shis Me'ah ve'Zuza' was - whether 'Shis Me'ah' meant six hundred Istiri or six hundred 'P'rutos'.

(b)An 'Istira' is - a Sela.

(c)Abaye dismissed the possibility that 'Shis Me'ah' meant six hundred P'rutos - because people tend to transfer so many P'rutos into Dinrim (each Dinar = 192 P'rutos).

10)

(a)What does Abaye mean when he concludes 'Yad Ba'al ha'Sh'tar al ha'Tachtonah'? What are the ramifications of this statement, according to Rabeinu Chananel?

(b)On what grounds do we disagree with Rabeinu Chananel?

(c)What is then the outcome of the She'eilah? How much does the Ba'al ha'Sh'tar receive?

(d)How will we then interpret 'Yad Ba'al ha'Sh'tar al ha'Tachtonah'?

10)

(a)According to Rabeinu Chananel, the ramifications of Abaye's statement 'Yad Ba'al ha'Sh'tar al ha'Tachtonah', are that - he will only receive Sela'im Medinah (where each one is worth half a Zuz), and not Sela'im Tzuri (where each one is worth four Zuzim).

(b)We disagree with Rabeinu Chananel however, on the grounds that - an Istira is a Sela Tzuri (and only 'Istiri P'shiti' refers to Sela'im Medinah).

(c)The outcome of the She'eilah therefore is that - the Ba'al ha'Sh'tar receives six hundred and one Zuzim ...

(d)... and not Sela'im (Tzuri), as we thought initially, because of the principle 'Yad Ba'al ha'Sh'tar al ha'Tachtonah'.

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