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Bava Basra 55

1) [line 9] ISHTA'I LI - [Ukvan bar Nechemyah Reish Galusa] told me
2) [line 9] REISH GALUSA - the Exilarch, the temporal leader of the Jews in Babylon
3) [line 10] (ARISUSA) [ARISAN] D'FARSA'EI AD ARBA'IN SHENIN - in Persia, 40 years are needed to make a Chazakah [when the Machzik has no documents]

4) [line 10] HANEI ZAHARUREI D'ZAVIN AR'A L'TASKA, ZEVINAIHU ZEVINEI - (a) those wealthy landowners who purchase land from the king's agents by paying the outstanding property taxes, their purchases are valid (RASHBAM, RABEINU GERSHOM); (b) those tax collectors who confiscate and sell land when the owners have not paid the property taxes, their sales are valid (ARUCH, RABEINU CHANANEL)

5a) [line 11] TASKA - property tax
b) [line 11] KARGA - head tax
6) [line 11] KARGA, A'KARKAF D'GAVREI MANACH - (lit. the head tax rests on the person head) either the government officials will catch him and force him to pay, or he will leave town (but his land will not be confiscated)

7) [line 12] AFILU SA'AREI D'CHADA - (lit. even barley in the pitcher) even a person's mobile items

8) [line 13] KASHI BAH AMEIMAR - Ameimar had the following difficulty [with the words of Rav Huna brei d'Rav Yehoshua]

9) [line 14] EIN HA'BEHCOR NOTEL BA'RA'UY KEVA'MUCHZAK - a first-born son does not take [a double-portion inheritance] of Ra'uy like he does with Muchzak (YERUSHAS BECHOR)
(a) The first viable male born to a father inherits a double portion of the estate upon his father's death (Mishnah Bechoros 46a). For example, if there are two brothers, the money is divided into three, and the Bechor receives two thirds; if there are three brothers, the money is divided into four, and the Bechor receives two quarters.
(b) A Bechor only receives a double portion from the assets that were in the possession of the father at the time of death. These assets are termed "Matzuy," as the verse states, "Ki Es ha'Bechor Ben ha'Senu'ah Yakir, Lases Lo Pi Shenayim *b'Chol Asher Yimatzei Lo*." - "He must recognize the first-born son of the hated wife to give him a double portion *of everything in his possession* (lit. that is found with him)." (Devarim 21:17). Assets that will come into the possession of the estate after the father's death are termed "Ra'uy," i.e. "expected [to come into his possession]." The following are a few examples of assets that are Ra'uy, in which a Bechor does *not* receive a double portion:

1. If one of the father's relatives dies after the father, the Bechor does not receive a double portion of that inheritance.
2. If the father is owed money, even if the debt was written in a document that was in the possession of the father, the Bechor does not receive a double portion of the debt if it is paid after the father's death.
3. There is a Machlokes Tana'im (Bava Basra 124a) as to whether a Bechor receives a double portion of "Shevach she'Shibechu Nechasim l'Achar Misas Avihem," the appreciation of property that is brought about by human efforts after the father's death; e.g. stalks of wheat that produce grain and trees that produce fruit. However, a Bechor does receive a double portion of a small tree that grows on its own, without any expenditure, into a large tree; this is called Matzuy l'Aviv since the tree has not changed form after the father's death (SEFER HA'CHINUCH #400).

10) [line 16] SAFREI D'RAVA - the scribes from the court of Rava
11) [line 18] PARDACHT - an idle person; a man without a trade, without learning and without skills

12) [line 18] MESAYE'A MASA - (lit. must help the town) must pay to the townspeople his share of the taxes that were levied on the rest of the town because of him

13) [line 18] D'ATZILTEI MASA - where the townspeople saved him, telling the tax collectors that he does not have the money to pay his share of the taxes

14) [line 19] AVAL ANDISKEI, SI'ATA DI'SHEMAYA - (a) but if the *agents of the king* [independently forgot to collect from him, or let him off because of his bad financial state], it is Divine help [that has caused him to be exempted from the taxes, and he does not have to reimburse the townspeople] (RASHBAM); (b) but if [the king was informed about his bad financial state and] a *legal document* was written [absolving him of the taxes], it is Divine help [that has caused him to be exempted, and he does not have to reimburse the townspeople] (TOSFOS)

15a) [line 19] METZAR - a small boundary-mound
b) [line 19] CHATZAV - a shrub that has deep and straight roots, planted in hedges to mark boundaries; prob. Cistus

16) [line 20] PE'AH (PE'AH: ELU MAFSIKIN L'PE'AH)
(a) The corner, or end, of the harvest must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov Osam." - "Do not completely harvest the corner of your field... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger" (Vayikra 19:9-10).
(b) The obligation to leave Pe'ah applies to each field. The Mishnah in Pe'ah (chapter 2) discusses various forms of natural dividers that might separate a large field into two separate fields, obligating each one in Pe'ah.

17) [line 20] TUM'AH (TUM'AS MES)
(a) A k'Zayis of the flesh of a *Mes* (corpse) is an "Avi Avos ha'Tumah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room (lit. tent). An Ohel is defined as a covered space that is at least one Tefach in length, width and height). If a person becomes Tamei by touching a *Mes*, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah) sprinkled on him.
(b) In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)
(c) The bones of a Mes are only Metamei through Ohel under one of three conditions: 1. They constitute a quarter of a Kav (Rova Ha'kav); 2. They are the majority of the human body (whether they are the majority of the *build* (Rov Binyano) of the body or the majority of the *number* (Rov Minyano) of 248 bones; 3. The bone is a complete skull or a complete spinal column. In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (a grain of barley).
(d) When an object that can be Metamei b'Ohel is located in an Ohel, the Ohel makes everything in it Tamei and protects anything that is above it from becoming Tamei. That is, an Ohel is *Mevi* Tum'ah (spreads Tum'ah inside of it) and is *Chotzetz* from Tum'ah (intervenes between the Tum'ah and the space above the Ohel, preventing Tum'ah from spreading above it).
(e) However, not all objects that cover Tum'ah are Mevi and Chotzetz. There are objects that are Mevi and not Chotzetz and other objects that are Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz (Ohalos 8:5). An object that is flying through the air, such as a bird or a Talis that is carried or caught up by the wind, are not Ohalim and are not Mevi or Chotzetz, even if they are one Tefach wide. In our Sugya, the chance of the person becoming Tamei with Tum'as Mes depends upon whether he walked over a grave in the field.

18) [last line] ELU MAFSIKIN L'PE'AH - these [are the natural dividers that] separate [a large field into smaller, separate fields, obligating each one] in Pe'ah

19) [last line] NACHAL - (a) a swiftly flowing stream (RAMBAM Hilchos Rotze'ach 9:2); (b) a valley with tough, rocky soil (RASHBAM)

20) [last line] SHELULIS - a brook, stream, or collection of water. The Gemara (Bava Kama 61a) defines Shelulis as either a pool that gathers rainwater, or a stream that gives its "booty" ("Shalal") of water to its tributaries.


21) [line 1] DERECH HA'RABIM - a public road, at least 16 Amos wide, intended mostly for traffic of horses and wagons and the like

22) [line 1] DERECH HA'YACHID - a private road, one which is four Amos wide
23) [line 1] SHEVIL HA'RABIM - a public path, intended mostly for walking
24) [line 2] SHEVIL HA'YACHID - a private path
25a) [line 4] BIK'AH - a valley containing agricultural fields

b) [line 4] HA'NICHNAS L'VIK'AH B'YEMOS HA'GESHAMIM - one who enters a valley in the rainy season (SAFEK TUM'AH BI'RESHUS HA'YACHID / BI'RESHUS HA'RABIM)
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the object is found in Reshus ha'Rabim the object is Tahor. If it is found in a private, concealed place, it is judged to be Tamei. During the winter a Bik'ah is a Reshus ha'Yachid and Sefeiko Tahor. During the summer it is a Reshus ha'Rabim and Sefeiko Tamei.
(b) This is learned from the case of the Sotah woman. In the case of a Sotah, where only two people were present at the time that there arose a question as to her status, she is judged Teme'ah/culpable and is prohibited to her husband. Similarly, whenever there are only two people present (i.e. a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status of a person or an object, he or it is judged to be Tamei. Whenever more than two people frequent a certain area it is a Reshus ha'Rabim l'Tum'ah. If a doubt arises regarding the status of a person or an object, he or it is judged to be Tahor.

26) [line 5] HALACHTI L'MAKOM HA'LAZ - I walked to (or through) that place
27) [line 5] EINI YODE'A IM NICHNASTI L'OSO MAKOM - I do not know if I went into that [specific] place (that contains the grave)

28) [line 8] SAFEK BI'AH - a doubt as to whether one entered [the place that contains the grave]


(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine Avos Melachos of Shabbos. It involves either 1. Hotza'ah, transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain), 2. Hachnasah, transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit, *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.
(c) The amount of produce transferred that will create a Chiyuv depends on the purpose for which the produce is transferred. If it is transferred for eating, the person is Chayav when he transfers a Gerogeres of foods and a Revi'is of liquids (Mishnah Shabbos 76b). (A Grogeres is a measure of volume the size of a dried fig. The Rishonim differ in its relationship to a k'Beitzah, the Halachic volume of a chicken egg. The Rambam (Hilchos Shabbos 8:5) rules that it is equal to one third of a Beitzah; the Tur (Orach Chayim 409) rules that it is equal to four ninths of a Beitzah; the Tosfos (to Eruvin 80b and to Yoma 80a) rules that it is bigger than one half of a Beitzah. The modern equivalent of a Beitzah is 0.05, 0.0576 or 0.1 liter, depending upon the differing Halachic opinions.) Transferring for other purposes, such as for animal fodder or for kindling wood requires the amount that will be useful in each circumstance (Shabbos ibid. et seq.).
A He'elem is a period of forgetfulness. If a person sins repeatedly (for example, if he ate two or more k'Zeisim of Chelev) in one He'elem, and later finds out that he has sinned, he only has to bring one Korban Chatas to atone for his sins. If he sins repeatedly in two He'elemos, he has to bring two Korbenos Chatos. However, if a person sins two *different types* of sins in one He'elem, he has to bring a separate Korban Chatas for each sin.

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