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

Perek Ma'aser Beheimah

1)

(a)From where do we know that a B'chor does not receive a double portion ...

1. ... of his mother's property?

2. ... of property which his father has yet to receive (Ra'uy)?

1)

(a)We learn that a B'chor does not receive a double portion ...

1. ... of his mother's property - from the word "ve'lo" (in the Pasuk in Ki Seitzei "ve'lo Mishpat ha'Bechorah").

2. ... of property which his father has yet to receive (Ra'uy) - from the Pasuk there "be'Chol asher Yimatzei lo".

2)

(a)We query the Din in our Mishnah that a woman does not receive the Sh'vach for her Kesubah, from Shmuel. What does Shmuel say about a creditor claiming Sh'vach?

(b)How does Rebbi Aba answer the Kashya?

2)

(a)We query the Din in our Mishnah that a woman does not receive the Sh'vach for her Kesubah from Shmuel, who rules that - a creditor claims the Sh'vach.

(b)Rebbi Aba answers that - this is one of the Kulei Kesubah (the leniencies of Kesuvah, alongside that she only receives her Kesuvah from poor quality fields, and that she cannot claim without a Shevu'ah).

3)

(a)Why is a Yavam also precluded from claiming from Ra'uy?

(b)Abaye qualifies this ruling however. What does he learn from the Pasuk in Ki Seitzei "Yakum al-Shem Achiv ha'Meis"?

(c)What does Rava say?

(d)How does he learn it from B'chor?

3)

(a)A Yavam is also precluded from claiming from Ra'uy - because the Pasuk in Ki Seitzei refers to him as a B'chor (when it writes "Vehayah ha'B'chor asher Teiled").

(b)Abaye qualifies this ruling however. He learns from the Pasuk in Ki Seitzei "Yakum al-Shem Achiv ha'Meis" that - although the Yavam does not receive a double portion of the improvements that are made before he has performed Yibum, he does receive a double portion of any improvements that are made between the Yibum and the distribution.

(c)According to Rava however - he receives neither.

(d)Rava learns this from the fact that - the Yavam is compared to a B'chor, who does not receive a double portion of any improvements made to his father's property before it is apportioned.

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

4)

(a)Why does the Mishnah repeat the Din of not receiving ...

1. ... the Sh'vach?

2. ... Ra'uy ke'Muchzak?

(b)One of two examples given for the former is crops, which already began to grow before the father died (Shachas), and which grew to fruition after his death. What is another?

(c)What is the Chidush, regarding the latter?

4)

(a)The Mishnah repeats the Din of not receiving ...

1. ... the Sh'vach - to include even property (which was not improved by the brothers or children, but) which improved automatically.

2. ... Ra'uy ke'Muchzak, to teach us that - even if it is obvious that they would receive the property, such as in a case where they were the sole heirs, and it was only a matter of the relative concerned dying (such as their grandfather).

(b)One of two examples given for the former is crops, which already began to grow before the father died (Shachas), and which grew to fruition after his death. Another is - unripe dates that ripened afterwards.

(c)The Chidush, regarding thee latter is that - even though their father was the sole heir and it is obvious that he would receive the property, it is nevertheless considered Ra'uy.

5)

(a)Rebbi Meir in our Mishnah lists four cases where the recipients do not need to return the property in the Yovel. If three of them are the Bechorah, what one inherits from one's wife and what a Yavam inherits from his deceased brother, what is the fourth?

(b)What ...

1. ... do the Chachamim say about Matanah?

2. ... does Rebbi Elazar say about all of them?

(c)The last opinion is that of Rebbi Yochanan ben Berokah (which will be explained in the Gemara). What does he actually say?

5)

(a)Rebbi Meir in our Mishnah lists four cases where the recipients do not need to return the property in the Yovel; the Bechorah, what one inherits from one's wife and what a Yavam inherits from his deceased brother - and Matanah (a gift).

(b)The ...

1. ... Chachamim say Matanah ke'Mechr, whereas ...

2. ... Rebbi Elazar maintains that - all of them go back in the Yovel.

(c)The last opinion is that of Rebbi Yochanan ben Berokah (which will be explained in the Gemara) who says that - A man who inherits his wife must return the property to the members of her family and deduct the value from the money.

6)

(a)What is the basic source of Rebbi Meir's Din with regard to all the cases that he cites?

(b)What is now his reason regarding ...

1. ... the Bechorah (based on the Pasuk in Ki Seitzei "Laseis lo Pi Shenayim")?

2. ... the Yerushah of a wife and of a Yavam?

3. ... Yerushas ha'Ba'al (based on the Pasuk in Emor "li'She'eiro ha'Karov eilav Veyarash osah")?

4. ... Yerushas ha'Yavam?

6)

(a)The source of Rebbi Meir's Din with regard to all the cases that he cites is - the fact that the Torah rules that a Mecher (sale) exclusively must go back in the Yovel, and not anything that falls under the category of a Matanah or a Yerushah.

(b)Consequently, his reason regarding ...

1. ... the Bechorah is because, (based on the Pasuk in Ki Seitzei "Laseis lo Pi Shenayim") - the Torah considers the Cheilek Bechorah a Matanah.

2. ... the Yerushah of a wife and of a Yavam is - because they fall under they fall under the heading of Yerushah.

3. ... Yerushas ha'Ba'al, because, based on the Pasuk in Emor "li'She'eiro ha'Karov eilav Veyarash osah") - Yerushas ha'Ba'al is d'Oraysa (otherwise it would have the Din of a Mecher, which goes back in the Yovel).

4. ... Yerushas ha'Yavam - because the Torah refers to him as "B'chor".

7)

(a)What is the reason of the Chachamim ...

1. ... regarding Matanah), based on the word "Tashuvu" (in the Pasuk in B'har "bi'Shenas ha'Yovel ha'Zos Tashuvu Ish el Achuzaso").

2. ... all the other cases?

(b)And what is the basic reason of Rebbi Elazar? With whom does he concur?

(c)If he agrees with the previous D'rashos rendering the various cases Matanah, what is his reason with regard to Yerushas ha'Ba'al, which is a Yerushah?

7)

(a)The reason of the Chachamim ...

1. ... regarding Matanah) is because, in the Pasuk in B'har "bi'Shenas ha'Yovel ha'Zos Tashuvu Ish el Achuzaso" - the word "Tashuvu" which is superfluous, comes to include Matanah.

2. ... all the other case - because they agree with Rebbi Meir that they are all considered Yerushah.

(b)The basic reason of Rebbi Elazar is - because he concurs with the Chachamim, and due to the fact that he considers them a Matanah ...

(c)... whereas his reason with regard to Yerushas ha'Ba'al is - because he holds Yerushas ha'Ba'al is de'Rabbanan.

8)

(a)Why does Rebbi Yochanan hold that the divided property of heirs is returned to the kitty in the Yovel year and re-divided?

(b)How will Rebbi Yochanan answer Rav Hoshaya's Kashya from our Mishnah, which holds that the portion of Bechorah (and therefore that of the Pashut), does not go back in the Yovel?

(c)What did Rav Sheishes extrapolate (in surprise) regarding the opinion of Rebbi Elazar, who holds that the portion of the Bechorah is also returned in the Yovel?

8)

(a)Rebbi Yochanan holds that the divided property of heirs is returned to the kitty in the Yovel year and re-divided - because he maintains that brothers who apportion their father's property are considered buyers, and sales (as we just learned) go back in the Yovel.

(b)To answer Rav Hoshaya's Kashya from our Mishnah, which holds that the portion of Bechorah (and therefore that of the Pashut), does not go back in the Yovel, Rebbi Yochanan will explain that what the Mishnah means, is that it does not go back permanently (and he loses it), because when they redistribute it, the B'chor will again receive the double portion.

(c)Rav Sheishes extrapolated (in surprise) that - in that case, according to Rebbi Elazar, those who hold that the portion of the Bechorah is also returned in the Yovel, maintain that it does go back permanently (Chozrin Levatalah).

9)

(a)Commenting on Rav Sheishes, Rami bar Chama quoted the Pasuk in Mishlei "Tovah Chochmah im Nachalah"? What does "Nachalah" refer to?

(b)What did he mean by that

(c)What did Ravin, quoting Rebbi Yochanan or Rebbi Elazar say regarding the current ruling?

(d)Which Tana did they quote?

9)

(a)Commenting on Rav Sheishes, Rami bar Chama quoted the Pasuk in Mishlei "Tovah Chochmah im Nachalah" - with reference to a good stock of Beraisos (and traditional statements).

(b)What he meant was that - it is not sufficient to be wise, but that one also needs to have a good stock of Beraisos ... at one's fingertips, in which case he ought to have known the statement ...

(c)... of Ravin, quoting Rebbi Yochanan or Rebbi Elazar, regarding the current ruling, who specifically said that - those who hold Chozrin', hold Chozrin Levatalah! ...

(d)... and the Tana they quoted was - Rebbi Elazar ben Shamua.

10)

(a)What problem (Mah Nafshach) do we have with the ruling of Rebbi Yochanan ben Berokah in our Mishnah (A man who inherits his wife must return the property to the members of family and deduct the value from the money)?

(b)To answer the Kashya, what do we say the husband inherited?

(c)What does he hold regarding Yerushas ha'Ba'al?

(d)How does this now answer the Kashya? Why did the Chachamim require him to return the burial-site to the members of her family?

10)

(a)The problem with the ruling of Rebbi Yochanan ben Berokah in our Mishnah (A man who inherits his wife must return the property to the members of family and deduct the value from the money) is that Mah Nafshach - if he holds that a husband inherits min ha'Torah, why should he return the inheritance ... ; whereas if he holds that it is de'Rabanan, then what does he deduct?

(b)To answer the Kashya, we establish Rebbi Yochanan ben Berokah where the husband inherited - a family burial-site, and he holds ...

(c)... that Yerushas ha'Ba'al is d'Oraysa ...

(d)... and the Chachamim obligated him to return the burial-site in order not to stigmatize his deceased wife's family, whose burial-site is not being returned to them (See Tiferes Yisrael).

11)

(a)This answer is based on a Beraisa which discusses someone who sells a grave and the path leading to it, the location of the Ma'amad and the eulogy-room. What does the Tana say about them?

(b)And what does Rebbi Yochanan ben Berokah now mean when he says that one deducts for them from the value? What does he deduct?

(c)Why is that?

11)

(a)This answer is based on a Beraisa which rules that if someone sells a grave and the path leading to it, the location of the Ma'amad and the eulogy-room - the family members have the right to bury the seller there when he dies (even against the wishes of the purchaser).

(b)And when Rebbi Yochanan ben Berokah now says that one deducts for them from the value - he is referring to the value of the plot of land where he buries his wife ...

(c)... because burying his wife is his obligation - and he cannot expect her family to pay for it.

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