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Bava Basra 112

BAVA BASRA 112 - This Daf has been dedicated in honor of the birth of Ayala Kramer (Yerushalayim). May she grow to be a source of Nachas and a credit to her parents and all of Klal Yisrael.

1) [line 2] MAI "V'OMER" - what is the need for the additional verse?
2) [line 3] B'SIBAS HA'BEN - [the verse is prohibiting a woman from marrying out of her tribe because of] the transfer [of the property via] the son (cf. Background to Bava Basra 111:39)

3) [line 5] LA'AVOR ALAV B'LAV V'ASEH - [the additional verse is] to cause one who commits this act to be guilty of transgressing a negative prohibition and a positive commandment

4) [line 11] V'CHI TEIMA, HASAM NAMI HACHI HU - and if you were to say that there, too, this was the case (that Seguv was the one who married the woman who died whereupon he inherited her 23 cities)

5) [line 14] (D'ZAVIN) [D'ZAVAN] MIZBAN - he bought the land (and did not inherit it)

6) [line 16] NIMTZEIS SADEH CHOZERES BA'YOVEL - the field would eventually return to its original owner in the Yovel year (YOVEL)
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel year.
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to not working the land and maintaining the sanctity of the fruits that grow (See Background to Bava Metzia 106:6). In addition, at the start of the Yovel year, all Jewish slaves (Eved Ivri, see Background to Bava Metzia 71:16) are set free and all properties that were sold since the previous Yovel year are returned to their original owners (see Background to Bava Metzia 30:36).

7) [line 18] SEDEH CHARAMIM - a field sanctified as "Cherem" (SEDEH CHARAMIM)
(a) There are two types of Charamim (a type of vow or pledge in which one pronounces "This object should be a Cherem"):

1. Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen (see Bamidbar 18:14);
2. Chermei Gavo'ah, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any other Hekdesh.
(b) "Sedeh Charamim" refers to a field that was consecrated as Chermei Gavo'ah. Normally, an object that is consecrated as Chermei Gavo'ah but which is not usable by the Beis ha'Mikdash in its present state is sold and the money becomes Hekdesh. A field that was consecrated as Chermei Gavo'ah differs. A "Sedeh Charamim" may be redeemed by its owner (or his son) before Yovel. If it is redeemed by the owner (or his son) before Yovel, then the field becomes his just like it was his before he consecrated it. If another person redeems the field, or if it is not redeemed at all before Yovel (see Chart to Erchin 24-34), then upon the beginning of Yovel it leaves the possession of the one who consecrated it and it becomes the collective property of the Kohanim who are serving in the Beis ha'Mikdash at that time (at the beginning of the Yovel year). The field is divided equally among all of the members of that Mishmar of Kohanim.

8) [line 19] KA MIS'AKRA NACHALAH - the property of the inheritance is being removed [from the mother's tribe to the father's tribe]. According to the Rashbam, Abaye is asking a general question on the prohibition of a woman to marry out of her tribe because doing so will cause her inheritance to leave her tribe. Abaye is referring to a case in which a woman's mother was from Shevet Shimon, and her father was from Shevet Reuven, and both her parents died, leaving the daughter with an inheritance from both tribes. When her mother married her father, there was no concern that her mother's inheritance (which belonged to Shevet Shimon) would be transferred to Shevet Reuven, because at the time of her mother's marriage to her father, her mother had brothers who would inherit their father (and she would not inherit anything). After the marriage, however, the brothers died, leaving the mother as the sole heir to her father's estate. Abaye is asking how does it help to keep an inheritance in its proper Shevet by requiring the daughter of this woman to marry a man from the same Shevet as her father (Shevet Reuven)? Even though she thereby will be keeping her *father's* estate in its proper Shevet, her *mother's* estate will be leaving Shevet Shimon and entering the possession of Shevet Reuven (because, when her mother dies, she will inherit her mother's property, and then when she dies, her husband (or son) from Shevet Reuven will inherit it from her). Abaye's question is leading up to the suggestion that perhaps this problem will be solved if the Torah requires the daughter to marry a man who shares the same lineage as she -- i.e. his mother is from Shimon and his father is from Reuven. By doing so, Shevet Shimon, her mother's tribe, will still have some connection to the property, even though it legally will be in the possession of Shevet Reuven.

9) [line 21] SHE'KEVAR HUSEVAH - it was already transferred [out of her mother's tribe, when her mother died and she -- the daughter whose father is from Reuven -- inherited her property; in such a case perhaps the Torah does not prohibit the daughter from marrying a man from a different tribe than her mother's and causing the property to leave her mother's tribe]

10) [line 28] D'MENASVINAN LAH L'GAVRA... - we require her to marry a man whose father is from the same Shevet as her father, and whose mother is from the same Shevet as her mother (see above, entry #8)


11) [line 3] AFILU IPCHA - even the opposite (that is, we might have thought that a woman, whose father is from Reuven and her mother from Shimon, can prevent a transfer of her father's (and her mother's) inheritance to a different tribe by marrying a man whose *father* is from *Shimon* and *mother* is from *Reuven*)

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