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Bava Basra 50

BAVA BASRA 50 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause

1) [line 1] V'ACHAS; SHE'YICHED LAH BI'CHESUVASAH - one field that he specified to her verbally that she should collect from it the value of her Kesuvah

2) [line 1] V'ACHAS SHE'HICHNASAH LO SHUM MI'SHELAH - and one field that she brought into the marriage from her father's house, the value of which was written into the Kesuvah (NICHSEI TZON BARZEL / NICHSEI MILUG)
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).
3) [line 3] HAVYAH (LEI) [LAH] EIVAH - he will feel enmity towards her
4) [line 5] NICHSEI MILUG - that is, buying Nichsei Milug first from the husband and then from the wife results in a valid sale

5) [line 10] B'USHA HISKINU - they instituted in Usha (TAKANAS USHA)
This refers to the ordinance enacted by the Beis Din (Sanhedrin) of Usha, a city in the western part of the lower Galilee. It was one of the ten places to which the Sanhedrin was exiled at the time of the destruction of the second Beis ha'Mikdash. The Beis Din of Usha enacted that if a woman sells her Nichsei Milug during the lifetime of her husband and then she dies before her husband, her husband may expropriate the property from the buyers, because he is considered to be an earlier buyer ("Loke'ach Rishon").

6a) [line 16] DIN YOM O YOMAYIM - the law of "one day or two days" The Torah teaches (Shemos 21:20-21) that when a master hits his slave and kills him, it is considered as though he had killed a Jew and he is Chayav Misah. However, if the slave does not die right away as a result of the beating (within 24 hours), but he dies one or two days later, then the master is *not* Chayav Misah, because the slave is his property.

b) [line 16] "[ACH IM] YOM O YOMAYIM [YA'AMOD; LO YUKAM KI CHASPO HU.]" - "[But if he (the slave) survives for] a day or for two days; [he shall not be avenged, because he (the slave) is his (the owner's) property.]" (Shemos 21:21)

Tana'im (our Sugya) and Amora'im (see Bava Basra 136a) argue as to whether buying fruits that will be produced (e.g. the fruits of a tree or the handiwork of a slave) gives the owner of the fruits a certain amount of Halachic ownership in the object that bore the fruits. In the case of our Gemara, the previous owner of a slave retained the rights to have the slave work for him for thirty days after the sale. The Tana'im argue if the this person is considered the owner of the slave during those thirty days, since he is entitled to have the slave work for him.


8) [line 4] SAFEK NEFASHOS L'HAKEL - a case involving a doubt with regard to capital punishment is judged leniently

9) [line 8] KASPO HA'MEYUCHAD LO - property that is owned entirely by him, i.e. one owner

10a) [line 13] BOROS - round pits or wells that are dug in the ground; cisterns
b) [line 13] SHICHIN - narrow elongated ditches
c) [line 13] ME'AROS - caves (usually leading to a spring or water source)

11a) [line 14] EIN CHAZAKAH LI'NEZIKIN - a Chezkas Shalosh Shanim does not work for an activity that causes damage. Since the Machzik is destroying the land, the owner need not protest, because this is not considered normal usage of the land; the Machzik cannot attain a Chezkas Shalosh Shanim in this manner.
b) [line 14] EIN DIN CHAZAKAH LI'NEZIKIN - a Chezkas Shalosh Shanim is not necessary if an activity that causes damage is performed upon the land. Since the Machzik is destroying the land and the previous owner does not protest, it is a clear proof that the land was sold. Ein Chazakah l'Nezikin was said only with regard to activities that cause severe damage (such as setting up something that makes a lot of smoke, or setting up a bathroom).

12a) [line 16] B'KUTRA - with regard to smoke [from a furnace]
b) [line 17] B'VEIS HA'KISEI - with regard to [setting up] a bathroom

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