BECHOROS 52 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

[52a - 18 lines; 52b - 47 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Gemara 52a [line 3]:

The words "v'Lo Mishpat ha'Bechorah" ולא משפט הבכורה

should be "Lo Mishpat ha'Bechorah" לא משפט הבכורה (RASHASH)

[2] Rashi 52b DH Tovah Chochmah ד"ה טובה חכמה:

From the Shitah Mekubetzes #10 we learn that

the words "Ta'am Chochmas Charifus ha'Amurah Im ..." טעם חכמת חריפות האמורה עם ...

should be "Ta'am ha'Amora Im ..." טעם האמורה עם ...

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1)[line 1]הבנות במזונותיהןHA'BANOS B'MEZONOSEIHEM- (a) a voluntary condition that a man makes when he marries a woman who already has a daughter (from a previous marriage), that he will supply the daughter's sustenance for a period of five years until she matures (Kesuvos 12:1) (RASHI); (b) the ordinance that the Chachamim instituted that upon the husband's death, the wife and daughter are sustained from the property inherited by the sons (Kesuvos 4:11-12; see Background to Bava Basra 133:9) (TOSFOS)

2)[line 14]יקום על שםYAKUM AL SHEM- he shall attain the name of. That is, prior to his arising and marrying her, he is called a Bechor (and does not receive Shevach in the dead brother's portion); after he has married her, he has arisen in the place of his brother and he inherits even the Shevach like all the other brothers. (RABEINU GERSHOM)

52b----------------------------------------52b

3)[line 1]חפורה והוו שובליCHAFURAH V'HAVU SHUVLEI- (if at the time of death) the stalks of grain were in their earliest stage of growth and since then have become fully-developed sheaves

4)[line 2]שלפופי והוותמריS HALPUFEI V'HAVU TAMREI- they were undeveloped dates (pouch-like buds) and afterwards became full grown dates

5)[line 14]ירושת הבעל דאורייתאYERUSHAS HA'BA'AL D'ORAISA (YERUSHAS HA'BA'AL)

(a)One is entitled to inherit his wife's estate upon her death. Tana'im disagree as to whether this Halachah is d'Oraisa or d'Rabanan in nature. Those who rule that it is mid'Rabanan maintain that according to Torah law her estate is inherited by her sons, her father, or her next-closest blood relative. The Rabanan transferred her inheritance to her husband through their ability of "Hefker Beis Din Hefker" (the authority of Beis Din to declare any property ownerless; see Background to Gitin 55:46).

(b)According to the Tana'im who rule that the inheritance of the husband is mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then you shall give his inheritance] to his next of kin from his family, and he shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash Osah" as applying to his wife, "and he shall inherit her." For this purpose, one of the Amora'im rearranges the verse to read, "l'Karov Eilav mi'Mishpachto, She'ero v'Yarash Osah" - "[then you shall give his inheritance] to his next of kin from his family; and his wife, he shall inherit her" (Bava Basra 111b). One ramification of the husband's inheritance being mid'Oraisa is that his wife's property does not return to her father or brothers after the Yovel year.

(c)A man does not inherit his wife who is only an Arusah (see Background to Kidushin 2:1).

6)[line 27]האחין שחלקו לקוחות הן ומחזירין זה לזה ביובלHA'ACHIN SHE'CHALKU LEKUCHOS HEN U'MACHZIRIN ZEH LA'ZEH BA'YOVEL

See Background to Bechoros 48:6

7)[line 30]אין חוזרין לבטלהEIN CHOZRIN L'VATLAH- the extra portion of the Bechor does not become annulled and void after Yovel (rather, when the brothers re-divide the field, the Bechor again receives a double portion)

8)[line 43]פגם משפחהPEGAM MISHPACHAH- discredit of the family

9a)[line 44]מקום מעמדוMEKOM MA'AMADO - the area where the funeral escort would sit down and stand up seven times to cry for the deceased (MA'AMADOS U'MOSHAVOS)

The "Ma'amad" is the name for a privately owned place reserved for the ceremony known as Ma'amad. In certain areas, after burying the dead, the funeral escort would walk a short distance and then stop and sit down to comfort the relatives of the deceased and to mourn ("Ma'amad u'Moshav"). They would repeat this procedure seven times.

b)[line 45]בית הספדוBEIS HESPEDO- the building that he uses for eulogies

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