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Bava Basra 107

BAVA BASRA 101-108 - 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.

1) [line 3] BA'AL CHOV - a creditor [of their father]
2) [line 4] VITER - he has lost his rights (even thought the literal meaning of the word "Viter" is to [willingly] give up or forego [one's rights], in this case it is obviously against his will)

3) [line 5] NOTEL REVI'A B'KARKA U'REVI'A B'MA'OS - he gets back from his brother one quarter of what he lost either in land or in cash

(a) When a person dies, his estate is divided up among his sons. The Amora'im argue whether the way the estate is ultimately divided can retroactively determine what each brother inherited at the time of the father's death, or not. Rebbi Yochanan (Gitin 48a) is of the opinion that even when the brothers later divide the estate, we *cannot determine retroactively* that the land each brother now has is the same land he inherited at the time of death. Rather, we say that by dividing up the property, the brothers agree to "trade" their true portions, wherever they are, with each other for portions of equal value elsewhere ("ha'Achin she'Chalku Lekuchos Havu"). This is also the opinion of Shmuel in our Sugya.
(b) There is a Halachic difference between whether the inheritance is retroactive or not. If the inheritance is retroactive ("k'Yorshin Havu" -- This is also the opinion of Rav in our Sugya), no purchase or trading has occurred. Therefore, in the year of the Yovel they need not return the land to each other and re-divide the estate. However, if the inheritance is not retroactive and a trade *has* occurred, when Yovel arrives the brothers must return to each other their portions, after which they re-divide the estate, as if they had purchased their shares from each other.
(c) Another Halachic ramification of this argument is the case in our Sugya, where the creditor of the brothers' father expropriates land from one of the brothers. Since Rav rules that they are considered Yorshim, they must re-divide the remaining land between them. Shmuel, who is of the opinion that they are considered Lekuchos, rules that no action is required on the part of the brother who did not lose the land. Rav Asi is in doubt as to whether they are considered Yorshim or Lekuchos, and as such, he rules that the brothers are *partially* liable, as if they are half Yorshim and half Lokchim.

5) [line 14] SHELOSHAH SHE'YARDU L'SHUM - three who went down [in judgement] to appraise the value (SHUM HA'DAYANIN)
(a) When a debtor owes money to a creditor, or when the heirs of a man's estate owe, from the estate, money for the support of the man's widow and daughters (which the Kesuvah stipulates they must provide -- see Background to Gitin 48:24), Beis Din appraises the value of the property in order to sell it and give the money to the creditor, or to the widow and daughters.
(b) The Beis Din must be comprised of three Dayanim in order to make a valid appraisal of the value of the property. They first estimate the value of the property and then announce for thirty consecutive days or for a period of sixty days on Mondays and Thursdays that they are selling the property of orphans ("Hachrazah"). They make the announcements in the morning and the evening at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer asks his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces.

6a) [line 14] MANEH - one Maneh, which is equal to 25 Sela'im, or 100 Dinerin (1 Sela = 4 Dinar)
b) [line 15] MA'ASAYIM - 2 Maneh, which is equal to 200 Dinerin

7) [line 16] BATEL YACHID B'MI'UTO - the single opinion is nullified because it is a minority. This is based on the principle that we follow the majority, derived from the verse, "Acharei Rabim l'Hatos" (Shemos 23:2).

8a) [line 17] ESRIM - 20 [Sela'im, or 80 Dinerin]
b) [line 18] SHELOSHIM - 30 [Sela'im, or 120 Dinerin]
9) [line 18] NIDON B'MANEH - it is judged as [being worth] one Maneh, or 25 Sela'im/100 Dinerin

10a) [line 19] OSIN SHUMA BEINEIHEN - we make an estimate from among them
b) [line 20] U'MESHALSHIN - and we divide [the difference between the lowest estimate and the highest estimate] by three

11) [line 21] MILSA METZI'ASA - (a) the median estimate, i.e. the estimate that is *in between* the two other estimates (RASHBAM); (b) the mean average of the highest and lowest estimates (ignoring the middle estimate) (RAMBAM Hilchos Malveh v'Loveh 22:14, SHULCHAN ARUCH CM 103:2)


12) [line 6] NEKOT MIHAS TREI KAMA'EI B'YADACH, DEMI'TORAS MANEH LO MAFKEI LAH - take at least the first two estimates (the two lower ones) in your hand, because neither of them go beyond one Maneh (RASHASH). (The RASHBAM explains that this is based on the principle of "Tafasta Merubah Lo Tafasta, Tafasta Mu'at Tafasta" (lit. "if you take hold of the larger amount you will not be able to grasp it, if you take hold of the smaller amount you will be able to grasp it;" see Background to Kidushin 17:10). The logic behind this principle is that if one is faced with a choice of two numbers and is in doubt which to choose, choosing the smaller number is always preferable, regardless of which of the two numbers was actually the correct one (because included in the larger number is the smaller one). On the other hand, if the larger number is chosen, and the smaller one was the correct one, then an error will be made because the smaller number does not include the larger one.)

13) [line 12] MISTA'I D'KA MATFINA KULEI HAI A'CHAVRAI - it is enough that I am adding so much already to [the estimates given by] my colleagues

14) [line 17] DAYANEI GOLAH - the judges of the Diaspora, i.e. the Amora'im Shmuel and Karna (RASHBAM; however, see Sanhedrin 17b where only Karna is mentioned, and the note of the Mesores ha'Shas there)

15) [line 20] MESHAMNIN BEINEIHEN - we make the superior-quality land the difference between them. When the seller says that he is selling half of his field, we give him the upper hand and assume that he meant to sell land that is *worth* half of the field. Hence, we give the buyer the inferior land in an amount that is worth the value of half of the field (the superior land stays with the seller, while the buyer gets the inferior land, albeit the area of land he gets is larger than the land that stays with the seller, since it is worth less). (Rebbi Chiya bar Aba, in the Gemara, mistakenly understood this phrase to mean that they *both* receive part of the superior-quality land.)

16) [line 21] GEDER - the fence
17a) [line 21] CHARITZ - the ditch
b) [line 21] BEN CHARITZ - the small ditch
18) [line 23] KACHUSH - weak, inferior land

19a) [line 24] AD'ACHALT KAFNEYASA B'VAVEL - instead of eating dates in Bavel.... That is, "you were busy enjoying yourself eating dates in Bavel, instead of toiling in Torah, while we toiled to answer the question" (RASHBAM, RASHI in Bechoros 18a), or, "instead of eating poor quality dates in Bavel, you should have come to Eretz Yisrael and struggled with us to answer this question (TOSFOS in Bechoros 18a).

b) [line 24] TARGIMNA MI'SEIFA - we explained it based on the end of the Mishnah

20) [line 26] LI'DEMEI - for the value [of half of the land, but not half of the land itself]

21a) [last line] CHARITZ MI'BACHUTZ - the [six-Tefach] ditch is on the outer side
b) [last line] BEN CHARITZ MI'BIFNIM - the small [three-Tefach] ditch is on the inner side (between the fence and the outer ditch). Surrounding the field is a fence. Alongside the fence, outside of the field, is a narrow ditch. There is then a Tefach of space, followed by a wide ditch.

22) [last line] V'ZEH V'ZEH ACHOREI GEDER - both this (the wide ditch) and this (the small ditch) are on the outer side of the fence

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