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Bava Basra 47

BAVA BASRA 46 & 47 - dedicated by Reb Gedalia Weinberger of New York, an Ohev Torah and Marbitz Torah whose tireless efforts on behalf of Klal Yisroel have produced enormous benefits for the Lomdei Hadaf over the years.

1) [line 1] KABLAN (AREV KABLAN)
See Background to Bava Basra 46:16.

2) [line 8] IY [D']ASU B'TA'ANASA D'AVUHON - if they claim that the field belonged to their fathers

3) [line 12] KUSHTA - the truth
4) [line 14] HAVAH MAMTI LEI [L'DIDEI] UL'CHAMREI LA'SHACHVAR - he would have taken him and his donkey [and handed them in] to the authorities

5) [line 18] KEGON SHE'HUCHZAK AL SADEH ZU B'GAZLENUSA - in a case where it is well-known that this field was stolen (and it could be that this person actually stole it once before -- RAN), [the Gazlan cannot attain a Chazakah on this particular field]

6) [line 20] KEGON D'VEIS PELONY, SHE'HORGIN NEFASHOS AL ISKEI MAMON - for example, the house of so-and-so (a famous bandit at the times of Rav Chisda), where they kill people for monetary gain, [the Gazlan cannot attain a Chazakah on any field]

7) [line 23] BEN SHE'CHALAK - (lit. a son who has separated [from his father]) a son who has stopped being supported by his father [is able to attain a Chazakah on the lands of his father and likewise, the father is able to attain a Chazakah on the lands of his son]


8) [line 1] MEGURESHES V'EINAH MEGURESHES - she is divorced and she is not divorced (i.e. her divorce is doubtful, necessitating another Get) (GITEI NASHIM)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. - Gitin).
(b) The man must give the Get willingly. If he is forced to give it, the Get is not valid.
(c) There are certain instances in which a divorce is uncertain, such as when the husband gives his wife a Get that is written in his handwriting but was not signed by witnesses. These situations are termed "Megureshis v'Lo Megureshes" (Yevamos 30b).

As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b, see Background to Gitin 48:24). 10) [line 9] SIKRIKON - murderous idolaters who would take the land of Jews instead of killing them. "Sikrikon" comes from the words, "Sa Karka" -- "take land [instead of taking my life]" (RASHI to Gitin 55b).

11) [line 9] V'CHAZAR V'LAKACH MI'BA'AL HA'BAYIS - and subsequently purchased it from the owner [without giving him money (but rather with a Shtar or by convincing the owner to give it to him as a gift)]

12) [line 11] "LECH CHAZEK U'KENI" - "Go, do an act of Chazakah, and acquire it" (KINYAN CHAZAKAH)
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used (see Background to Bava Metzia 14:12). For acquiring land, the Kinyan can be made by the giving over of money, the writing of a Shtar, or the making of a Chazakah.
(b) Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing in) and Paratz (making a breach in a fence to create an entrance) or any act that is done to *enhance* the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).
(c) Rav rules that a person who buys a field from a Sikrikon and subsequently acquires it from the owner using a Shtar is successful in acquiring the field. The Mishnah that states that the person has not acquired he field refers to a case of Kinyan Chazakah, where the owner told him to perform a Chazakah in order to acquire the field.

See Background to Bava Basra 43:7.

14a) [line 15] BEFANEINU MANAH LO - in front of us he (the Gazlan) counted out [the money and gave it] to him (the Nigzal)
b) [line 16] BEFANEINU HODAH LO - in front of us he (the Nigzal) admitted to him (the Gazlan) [that he received payment or other any other form of Kinyan for purchasing the land]

15) [line 19] TALYUHU V'ZAVIN; ZEVINEI ZAVIN(I) - (lit. when they hanged him [in a tree] and he sold [an object or a piece of land,] he has sold his sale, i.e. it is valid)
If a person is physically forced to sell an item or a piece of land (and to accept money for it), as long as he says (even under duress) that he agrees to the sale, the sale is valid.

16) [line 20] IY LAV D'ANIS, LO HAVAH MAZBIN - if it were not for the fact that he was forced [to sell due to lack of money], he would never sell [any item of his possessions]

17a) [line 21] ONSA D'NAFSHEI - forcing himself [to sell his possessions due to lack of money]
b) [last line] ONSA D'ACHARINEI - being forced by others

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