(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

Bava Basra 42

BAVA BASRA 41 & 42 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.

1) [line 3] NECHASIM BENEI CHORIN - (lit. properties that are free) fields that do not have a lien on them (which have not been bought by purchasers from the debtor)

2) [line 4] V'CHI TEIMA 'RAV, TANA HU U'FALIG' - you might say that since Rav has the status of a Tana (a Sage of the Mishnah), he holds a dissenting opinion against the Mishnah

3a) [line 7] KI KA YAZIF - when someone borrows money
b) [line 8] B'TZIN'A KA YAZIF - he borrows privately
4) [line 8] KI HEICHI D'LO LITZELU NICHSEI ALEI - so that his properties should not go down in value [should others learn that he is in need of money to repay his debts]

5) [line 9] MAN D'ZAVIN AR'A, B'FARHESIYA ZAVIN - someone who buys land does so publicly

6) [line 10] KI HEICHI D'LEIPOK LAH KOLA - so that the word gets out [that he is a wealthy person who buys land -- RABEINU GERSHOM]

7) [line 13] L'MEIMRA D'LOKE'ACH IS LEI KOLA? - Does this mean that when one buys [from an heir] the word gets out [such that the Me'ar'er must protest, and if he does not, the Machzik gains a Chazakah]?

8) [line 18] EIN LECHA MECHA'AH GEDOLAH MI'ZO - there is no greater protest than this [against the Machzik, that the heir sold the land to a buyer - and the Machzik should have held on to his Shtar for more than three years. As such, it seems that when one buys from an heir, the word does *not* get out]

9a) [line 20] UMANIN - craftsmen who work in their own shops [and may maliciously claim that the objects upon which they are working belong to them]
b) [line 20] SHUTAFIN - partners
c) [line 20] ARISIN - sharecroppers, hired field laborer who receives a percentage (1/2, 1/3 or 1/4) of the produce of the field
d) [line 21] APOTROPIN - (O.F. seneschal) stewards, managers of the household (RASHI to Sukah 27a)

10) [line 21] EIN LAHEM CHAZAKAH - (a) Possession of most Metaltelin (immobile goods) that are not normally borrowed is usually proof of ownership. Such is not the case with the people mentioned in our Mishnah, where the items are expected to be in their possession. Unless the possessor has proof of purchase such as witnesses or documents, he cannot claim that they belong to him, since the Me'ar'er has witnesses that he is the owner and claims that he entrusted these items to these people. (RASHBAM); (b) even if these items have been in the possession of the people mentioned in the Mishnah for three years, they do not gain a Chezkas Shalosh Shanim on the items (RABEINU GERSHOM)

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 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). The father, in contrast, does not have the right to the Peiros of his betrothed daughter's property (i.e. if she inherited property from her mother's relatives).
12) [line 24] B'MACHZIK - regarding a person who is in possession [of the land while a Me'ar'er protests his claim]

13) [line 25] HA'ACHIN SHE'CHALKU - brothers who divided [their father's estate]

(a) When a Jew dies, his closest relatives inherit his estate (according to the hierarchy established by the Torah as recorded in Bamidbar 27:8-11). Since all of the Jews are related to each other (at least through Yakov Avinu and his sons), every Jew must have heirs. A convert, however, may have no heirs (since his non-Jewish relatives do not inherit his estate). When a convert dies without heirs, his estate becomes Hefker (ownerless). The first person who takes possession of his belongings becomes their owner.
(b) In order to take possession of the estate of a convert who dies without any heirs, one must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting the acquisition of any part of the estate, as in all cases of taking possession of items that are Hefker. Depending on what object one is acquiring, different Kinyanim are used. The forms of Kinyan that may be used for the acquisition of the Metaltelin (mobile items) of a Ger are Hagbahah (i.e. lifting the item), Meshichah (i.e. pulling the item or causing it to move) and Chatzer (i.e. bringing the item into one's private domain). The only form of Kinyan that may be used for the acquisition of the land of a Ger is Chazakah (i.e. performing an act that is normally performed only by an owner).

15a) [last line] NA'AL - [if the one who takes possession of the Nichsei ha'Ger hung a door and] locked it
b) [last line] GADAR - [if he] fenced in [the property]
c) [last line] PARATZ - [if he] made a breach in a fence to create an entrance


(a) The Torah (Shemos 22:6-14) mentions four types of Shomrim (watchmen) and the different Halachos that apply to them (see Background to Bava Metzia 98:1).
(b) The Nosei Sachar, or Shomer Sachar, is one who is paid to watch an item but is not permitted to use it. He is liable for damages in cases of Peshi'ah, theft or loss, but is not liable in a case of Ones.

17) [line 7] ME'ARTA - (a) the cave; (b) according to the Girsa *MA'ATZARTA* - the room with a winepress

18) [line 8] SHUTAF K'YORED BI'RESHUS DAMI - a partner [who is Machzik the entire item or field of Shutafus] is considered to have permission to do so

19a) [line] NACHIS L'CHULAH - he was Machzik (lit. went down into) the entire [field of Shutafus]
b) [line] NACHIS L'FALGA - he was Machzik (lit. went down into) [the better] part [of the field of Shutfus, claiming that he and his partners dissolved the partnership and this is his share. His partner, however, claims otherwise.]

20) [line 11] AMREI LAH L'HAI GISA, V'AMREI LAH L'HAI GISA - some [Sages] explain it this way, and some [Sages] explain it this way (i.e. some explain that the partner who was Machzik the entire field gains a Chezkas Shalosh Shanim, while a partner who was Machzik the better part of the field does not gain a Chezkas Shalosh Shanim. Others explain inversely. See RASHBAM.)

21) [line 13] IS BAH DIN CHALUKAH - there is enough to divide
22) [line 17] NOTEL B'SHEVACH HA'MAGI'A LA'KESEFAYIM - he takes (a) produce that is fully grown and just about ready to be harvested and carried on the shoulders to the marketplace. However it still needs to grow in the ground a bit more, for if it would truly be fully grown then it would be considered Peiros (from which the lender may not collect), and not Shevach. (RASHI to Bava Metzia 15b, ARUCH, TOSFOS to Bava Kama 95b DH Shevach and to Sotah 25b DH k'Gavuy); (b) produce that was produced by the toil of the shoulders, and did not grow on its own (RABEINU TAM, in TOSFOS DH Shevach and in TOSFOS to Bava Kama 95b DH Shevach).

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,