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Bava Basra 94

BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1a) [line 1] KITNIS, ROVA - when there is a mixture of Kitnis (see previous Daf, entry #32) in the wheat, then the buyer must accept up to a quarter of a Kav of Kitnis per every Se'ah of wheat (i.e. 1/24th)
b) [line 1] AFRURIS, PACHOS ME'ROVA - when there is a mixture of Afruris (dirt and other foreign matter) in the wheat, the buyer must accept only less than a quarter of a Kav of Afruris per every Se'ah of wheat, but not more

2) [line 3] CHITIN, MEKABEL ALAV ROVA KITNIS L'SE'AH - if he buys wheat, then he must accept a quarter of a Kav of Kitnis (see previous Daf, entry #32) per every Se'ah of wheat

3) [line 5] NISHOVES - foreign matter that is blown into the lentils
4) [line 5] ADASHIM - lentils
5) [line 7] MI'AKAR AKREI LEHU - they are uprooted [from the ground together with their roots, and they are not cut like wheat or barley]

6a) [line 14] IM BA L'NAPOS - if he (the buyer) wants to sift the wheat (to remove the impurities)
b) [line 14] MENAPEH ES KULO - he may sift it all (and if he finds more than a quarter of a Kav of impurities per Se'ah, the seller must reimburse him for all of it, and he cannot claim that the buyer must accept up to a quarter of a Kav)

7a) [line 15] DINA - it is the law. (According to the law, the buyer is not required to accept more than a quarter of a Kav of impurities per Se'ah wheat that he buys, for he expects to receive clean wheat. He only accepts up to (and including) a quarter of a Kav per Se'ah, since it is not worth the effort or the expenses to sift the wheat just to remove such a small amount of impurities.)
b) [line 15] KENASA - it is a penalty. (According to the law, the buyer *should* be required to accept more than a quarter of a Kav of impurities per Se'ah of wheat that he buys, because he knows that wheat contains impurities and he foregoes that amount of wheat that he is not receiving. However, we penalize the seller and require him to reimburse the buyer when there is more than a quarter of a Kav of impurities per Se'ah, because such a large amount does not occur frequently and it is likely that the seller intentionally mixed the impurities into the wheat.

8) [line 21] (SIMAN KOL TREI SHTAREI D'RAVIN BAR RAV NACHMAN ONA'AH V'KABLENUSA) - this is a mnemonic device for remembering the proofs that the Gemara will cite for or against the ruling of Rav Huna, or for whether his ruling is a "Din" or a "Kenas:"
1. *Kol* refers to "*Kol* Se'ah she'Yesh Bah..." (line 22)
2. *Trei* refers to "Ta Shema, *Shenayim* she'Hifkidu..." (Daf 94b, line 6)
3. *Shtarei* refers to "Ta Shema, *Shtar* she'Yesh Bo Ribis..." (Daf 94b, line 16)
4. *D'Ravin bar Rav Nachman* refers to "Ta Shema, d'Tani *Ravin bar Rav Nachman*..." (Daf 94b, line 23)
5. *Ona'ah* refers to "Ta Shema, *ha'Ona'ah*..." (Daf 95a, line 4)
6. *v'Kablenusa* refers to "Ta Shema, *ha'Mekabel* Sadeh me'Chaveiro..." (95a, line 12)

9) [line 22] KOL SE'AH SHE'YESH BO ROVA MI'MIN ACHER YEMA'ET - every Se'ah [of wheat] that has in it a quarter of a Kav of a different species, he must reduce it (to under a quarter of a Kav) (KIL'AYIM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), our Gemara is referring to Kil'ei Zera'im.
(b) KIL'EI ZERA'IM refers to the prohibition of sowing any two different types of crops together or within close proximity to each other, as the Torah states, "Sadecha Lo Sizra Kil'ayim" - "Do not sow different species (together) in your field" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.

1. The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.
2. Crops that grow in a field that has been planted with Kil'ei Zera'im are not prohibited to be eaten.
3. The prohibition of Kil'ei Zera'im only applies in Eretz Yisrael (Kidushin 39a).
(c) Our Gemara is discussing planting seeds of one crop, in which there is mixed a small amount of seeds of another crop. The Mishnah in Maseches Kil'ayim (2:1) teaches that if the amount of the second species is less than a quarter of a Kav per Se'ah of the first species, then the second species is Batel to the first and one is permitted to plant the seeds (see TOSFOS YOM TOV ibid. who explains the reasoning for this).

10) [last line] MISHUM CHUMRA D'CHIL'AYIM - because of the severity [of the prohibition] of Kil'ayim


11) [line 1] YAVUR - he must separate [all of the seeds of the second species]

12) [line 6] MECHEZEI KI MEKAYEIM KIL'AYIM - [although it is not actually Kil'ayim,] it appears that he is maintaining Kil'ayim [in his field, which is prohibited, and therefore he must remove all of the other seeds because of "Mar'is ha'Ayin"]

(a) If the court suspects one of the two claimants in a court case of deceiving the court for monetary gain, Rebbi Yosi and the Rabanan disagree over whether or not Beis Din penalizes both claimants in order that the deceitful one should admit to his evil intentions.
(b) The exact case in which they argue is as follows: Two people deposit money in the care of a trustee; one deposits 100 Zuz (one "Maneh") and the other deposits 200. When they come to collect their deposits, both of them claim the 200 Zuz.

1. According to the Rabanan, each of the investors receives 100 Zuz (his honest claim) and the third 100 Zuz, which is under dispute ("Maneh Shelishis"), is left in escrow.
2. Rebbi Yosi responds to the ruling of the Rabanan with the words, "Im Ken, Mah Hifsid Ramai?!" - "If so, what does the scoundrel lose," i.e. "What incentive will this give the deceiver to abandon his false claim?" Rebbi Yosi therefore penalizes the claimants and rules that *all* 300 Zuz is left in escrow, including the first 100 Zuz of both men, to which they were certainly entitled. As such, the dishonest person has an incentive to abandon his false claim.
14a) [line 7] MANEH - a weight or coin equal in value to 25 Sela'im, or 100 Zuz
b) [line 7] MASAYIM - 200 [Zuz] (or two Maneh)
15) [line 13] RAMAI - the scoundrel
16) [line 16] RIBIS - interest charged on a loan; see Background to Bava Basra 87:2
17) [line 17] KEREN - the principle amount of the loan

18) [line 18] MI'SHE'AS KESIVAH HU D'AVAD SUMA - from the time that the Shtar was written, he had already done [the transgression of] the fixing of interest (prohibited by the verse, "Lo Sesimun Alav Neshech" (Shemos 22:24))

19) [line 23] LO ES HA'MOSAR BILVAD HU MACHZIR ELA MACHZIR LO ES KOL HA'REVA'IN KULAN - not only must he (the buyer) reimburse the extra amount of land (that the seller inadvertently gave him), but he must return all of the extra amount of land (that normally the seller would forego). (HEN CHASER HEN YASER)
(a) The Mishnah later (103b) teaches that when a person sells land and specifies that he is selling an exact amount, if he inadvertently gives more land than the specified amount, then the buyer must give him back that extra land (or pay for it). If the seller inadvertently gives less land than the specified amount, then he must give back part of the money to the buyer.
(b) If, however, when he sells the land, the seller specifies an amount and says "more or less," then if he inadvertently gives more land that the specified amount, the transaction is binding and the buyer need not reimburse the seller for the extra land. Similarly, if he inadvertently gives less land that the specified amount, the transaction is binding and the seller need not reimburse the buyer.
(c) The Mishnah specifies that this is true only when the extra (or missing) amount of land is equal to or less than a quarter of a Kav per Se'ah of land (1/24th). If the extra land is more than that amount, then the party who is losing must be reimbursed.
(d) The Gemara there (104b) quotes Ravin bar Rav Nachman who states that when the losing part party is reimbursed, he is reimbursed for *all* of the extra (or missing) land, and not just for the amount that surpasses the amount of one quarter of a Kav per Se'ah.

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