(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 65

BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

1) [line 3] V'HA ZIMNIN SAGI'IN AMRISAH KAMEI D'RAV, "HILCHESA K'REBBI AKIVA" - But I often said before Rav, "The Halachah is like Rebbi Akiva"

2) [line 5] AMAR LEI, "HEICHI TANISAH?" AMAR LEI, IPCHA TANINA. "MISHUM HACHI LO AMAR LACH V'LO MIDI!" - He said to him (Rav Huna to Rav Yirmiyah bar Aba), "How did you learn the Mishnah?" He said back to him (Rav Yirmiyah bar Aba to Rav Huna) in the opposite way that our Sugya records their opinions (ascribing the view of the Chachamim to Rebbi Akiva, and the view of Rebbi Akiva to the Chachamim). [Rav Huna said to Rav Yimiyah bar Aba,] "That is why he (Rav) did not say anything to you!"

3) [line 8] AZDU L'TA'AMAIHU - they are following their reasoning elsewhere

4a) [line 10] LO SULAMOS ZEH AL ZEH - they may not place ladders on the other's property
b) [line 10] LO CHALONOS ZEH AL ZEH - they may not open windows into the other's property
c) [line 11] LO AMAS HA'MAYIM ZEH AL ZEH - they may not direct a water channel through the other's property

5) [line 12] HALACHOS KEVU'OS HEN - these are firmly established Halachos
6) [line 13] TZERICHA - it is necessary (i.e. the cases are different and we do not see similar reasoning)

7a) [line 21] MEKARVISU L'BAVA D'REISH GALUSA - you are close to the gate of the Exilarch
b) [line 22] DI'SHECHICHEI DAYANEI / DINEI - where there are many judges ("Dayanei" -- RASHBAM); where there are many cases [coming before you to be judged] ("Dinei" -- RABEINU CHANANEL)

8) [line 25] BA'MEH DEVARIM AMURIM? B'MOCHER! AVAL B'NOSEN MATANAH NOSEN ES KULAM - when does this (the principle that a person does not sell "b'Ayin Yafah") apply? Only with regard to one who *sells*! But one who gives a gift, gives everything ("b'Ayin Yafah")

9) [line 28] MAFTE'ACH - key (this refers to a generic key that can be used for any lock -- RITVA, TOSFOS YOM TOV)

10a) [line 28] MACHTESHES KEVU'AH - an affixed mortar (that is attached to the ground)
b) [line 29] MITALTELES - portable

11) [line 29] ITZTERUVIL - (a) (O.F. cerge) a wooden framework encircling the millstone (RASHBAM); (b) the lower millstone (which is immovable) (ARUCH)

12) [line 29] KELAS - (O.F. tremuie) the grain hopper, the large funnel through which the grain reaches the grinding area

13a) [last line] TANUR - an [earthenware] oven
b) [last line] KIRAYIM - an [earthenware] stove


14) [line 6] MECHAVARTA - it is clearly correct
15a) [line 8] NAGAR - a bolt, a wooden pin that fits into a hole in the threshold
b) [line 8] MAN'UL - lock

16a) [line 9] MACHTESHES HA'CHAKUKAH - a mortar chiseled out of stone
b) [line 10] HA'KEVU'AH - [a mortar that was made first and then] affixed [to the ground (or wall)]

17) [line 12] REICHAYIM - millstone
18) [line 16] TZINOR... - a pipe or gutter (that was formed by hewing a channel into a beam and then setting it into the ground, used for leading rainwater into a Mikvah)

19) [line 16] CHAKAKO - he hollowed it out
20) [line 17] KAV'O - he set it [into the ground]

21) [line 17] POSEL ES HA'MIKVAH - when such a pipe is used to bring rainwater into a Mikvah, it invalidates the Mikvah. (MIKVAH: MAYIM SHE'UVIM POSEL ES HA'MIKVAH)
Drawn water is called Mayim She'uvin. Only water that never entered a vessel (non-drawn water) may be used to fill a Mikvah. (Once there are already 40 Se'in of non-drawn water in the Mikvah, drawn water may be added. However, if before there are 40 Se'ah in the Mikvah three Lugim of drawn water fall into it, they render the Mikvah invalid.) A pipe that was first hollowed out and then set into the ground is considered a vessel, and water that it brings to the Mikvah is considered Mayim She'uvin.

22) [line 22] KAVERES DEVORIM - a bee-hive (which is attached to the ground with clay or cement)

23) [last line] HAREI HI K'KARKA - it has the status of "Karka" (for example, with regard to which Kinyan acquires it; see Backround to Bava Metzia 99:12, and Bava Basra 44:7)

24) [last line] KOSVIN ALEHA PRUZBUL - a Prozbul may be written on the basis
of it (the bee-hive) (PRUZBUL - A document allowing the collections of loans after Shemitah)
(a) The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels loans at the *end* of the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah year was approaching out of fear that that they would not get their money back because the debt would be annulled by the Shemitah year. By doing so, they were transgressing an express command of the Torah *not* to refuse to lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the "Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich), effectively creating a means to avoid having Shemitah annul one's debts, as long as the borrower owns some land, even the smallest amount (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the end of the Shemitah year, stating that he is placing all debts owed to him into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By doing this, the creditor will not transgress the prohibition of "Lo Yigos" when he collects the loan after Shemitah, since he will not have to approach the borrower to collect the loan; Beis Din will take care of the collection and he will approach Beis Din. Beis Din, too, does not have to approach the borrower to collect the loan, since Beis Din can simply collect it themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos 89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A Pruzbul only allows a person to collect the loan after Shemitah if the borrower has land. It is unusual for a person to lend money to a person without land, and the Rabanan did not institute the use of Pruzbul for unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul). Alternatively, Pruzbul permits a person to collect a loan after Shemitah because the moment one allows Beis Din to collect his loans, it is as if they are already collected, and in his possession, immediately (since nothing can stop Beis Din from collecting the loan). This is also the reason the borrower must own land in order for Pruzbul to permit the collection of the loan. It is only if he has land that Beis Din can easily collect the loan. If the borrower only has movable possessions, it is possible for him to prevent Beis Din from collecting them by hiding them from Beis Din. Therefore they are not considered to have entered the creditor's possession until they are actually collected as payment. (RASHI to Bava Kama 12a DH Chal)

Next daf


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