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Bava Basra 102

BAVA BASRA 101-105 - 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.

(a) When three as yet unknown graves are discovered, they constitute a Shechunas Kevaros (lit. a settlement of graves), and one must suspect that the area was once a cemetery. It is prohibited to remove the bodies (under normal circumstances).
(b) In order to be designated as a Shechunas Kevaros, the graves must be within a span of four to eight Amos. The area around them within a radius of twenty Amos from the outermost graves must be checked for other graves. If a grave is found, the area beyond that grave must be checked within a radius of twenty Amos, also. If no other graves are found, the area within the last twenty-Amah radius is Tahor.
(c) If one of the three bodies was missing a limb, the graves do not get the status of a Shechunas Kevaros. This may be a Halachah l'Moshe mi'Sinai (TOSFOS to Nazir 51b) or evidence that the person was buried in a makeshift grave by his murderers (SEFAS EMES ibid.). Similarly, the presence of other evidence that the bodies were not given a proper burial precludes the status of a Shechunas Kevaros. Some examples: many bodies buried in a mass grave; bodies that were buried in a sitting position or with their heads between their knees; bodies that were obviously murdered (see RAMBAM Hilchos Tum'as Mes 9:1-5).

2) [line 16] TAMNEI SREI - eighteen [Amos, the length of two burial caves and the courtyard]


3a) [line 5] KEREM HA'NATU'A AL PACHOS ME'ARBA AMOS - a vineyard that is planted with less than the proper [four-Amah] spacing between the rows of vines (see Background to Bava Basra 36:4, Kil'ei ha'Kerem)
b) [line 6] EINO KEREM - it is not considered a vineyard (but rather a "forest," and it is permitted to plant other species near the grapevines without the extra four-Amah spacing. Since the extra grapevines will eventually be uprooted and removed in order for the remaining vines to thrive, Rebbi Shimon does not consider this a "vineyard" that must ascribe to the Halachos of Kil'ei ha'Kerem with regard to the spacing required between the grapevines and other species.)

4) [line 10] LO NAT'EI INSHEI A'DA'ATA LI'AKAR - people do not plant [grapevines] with the intention of uprooting them

5a) [line 11] ZIMNIN D'MISRAMA LEI BEIN HA'SHEMASHOS - perhaps it occurred at Bein ha'Shemashos (at the very end of the day) on Erev Shabbos [that he was trying to bury the dead]
b) [line 12] U'MIKRI U'MANCHI LEHU - and it happened that he buried them (corpses) [next to other corpses with the intention of taking them away afterwards, but he was either unable to or he forgot]

6a) [line 13] KEIVAN D'MINVAL - since he buried them in a temporary fashion without an honorable interment
b) [line 13] LO MIKRI KEVER - it is not considered a Shechunas Kevaros

7) [line 14] HAI MINAIHU D'SHAPIR, SHAPIR - whichever one of them with thrive, will thrive

8) [line 15] D'LO SHAPIR, LEHEVEI L'TZIVEI - those that do not thrive, will be used as firewood

*****PEREK #7 BEIS KOR*****

9) [line 17] BEIS KOR AFAR - a Beis Kor of land (the amount of land in which a Beis Kor of seed can be sown) (see Background to 103:3, MEASUREMENTS OF AREA)

10a) [line 18] NEKA'IM - ravines, cracks
b) [line 19] SELA'IM - rocks (rocky terrain)

11) [line 24] HA'MAKDISH SADEHU BI'SHE'AS HA'YOVEL - one who sanctifies his field during the time that the Yovel year is observed (PIDYON SEDEH ACHUZAH - redeeming an ancestral field)
(a) A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.
(b) If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish redeems it, he must pay to Hekdesh an additional *fifth* (of the ensuing total, or a *quarter* of the original value) of the value of the field. If the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year, but rather it is not redeemed, or another person redeems it, it is given to the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21).
(c) When redeeming a Sedeh Achuzah from Hekdesh, its "value" is determined according to the fixed endowment value stated in Vayikra 27:16, i.e. 50 silver Shekels for every parcel of land that is normally sown with a Chomer (1 Chomer = 1 Kur = 30 Se'ah or approximately 216, 248.9 or 432 liters, depending upon the differing Halachic opinions) of barley seed (75,000 sq. Amos -- see Background to Kidushin 60:17). However, fifty Shekels are given only if the field was redeemed at the beginning of a new Yovel cycle; the amount decreases proportionally with every year that passes until it is less than two years before the next Yovel. At that point, it is once again redeemed for fifty Shekels per Chomer (ibid. 25a).
(d) A Sedeh Miknah is a field that a person buys or inherits which is not an ancestral field (Sedeh Achuzah, see (a) above). It must be returned to its original owner on Yom ha'Kipurim of the next Yovel year (Vayikra 25:14-17).
(e) When a Sedeh Miknah is sold, the seller may not redeem it from the purchaser. Rather, it remains with the purchaser until the Yovel year, at which point it returns to its original owner (i.e. the person for whom it is a Sedeh Achuzah).
(f) If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Miknah, anyone may redeem it from Hekdesh from the day that it became Hekdesh until the Yovel year. Even if the Makdish redeems it, he need not pay an additional fifth. If the field was not redeemed by Yom ha'Kipurim of the Yovel year, it is returned to its original owner (i.e. the person for whom it is a Sedeh Achuzah) (Vayikra 27:22-24).
(g) When redeeming a Sedeh Miknah from Hekdesh, its value is determined by the amount that a person is willing to pay to purchase such a field until Yovel (Erchin 14a).

12) [line 25] NOSEN LO L'VEIS ZERA CHOMER SE'ORIM, CHAMISHIM SHEKEL KASEF - he gives him 50 silver Shekels for every parcel of land that can be sown with a "Chomer" of barley seed; see above, entry #11:c

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