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Bava Basra 123

BAVA BASRA 123 (11 Av) - dedicated by Eitan Fish in memory of his illustrious ancestor, Hagaon Rav Yitzchak Blazer ("Reb Itzele Peterburger"), author of "Kochevei Or" and "Pri Yitzchak" and one of the foremost Talmidim of Hagaon Rav Yisrael Salanter, Zatza"l. Reb Itzele passed away on 11 Av 5667 (1907) in Yerushalayim.

1) [line 1] CHELKO IM ECHAD V'CHELKO IM CHAMISHAH - his (the firstborn's) portion [which he receives when he shares the inheritance] with one [brother], and his portion [which he receives when he shares the inheritance] with five [brothers, are comparable]

2) [line 3] O KALECH L'DERECH ZU - or perhaps turn this way, i.e. argue the following

3) [line 6] HA'TORAH RIBESAH NACHALAH ETZEL ACHIN - the Torah included all of the brothers in the inheritance (so that each of their portions that they receive is equal to each of the firstborn's portions)

4) [line 8] "U'VENEI RE'UVEN BECHOR YISRAEL; KI HU HA'BECHOR U'VECHALELO YETZU'EI AVIV NITNAH BECHORASO LIVNEI YOSEF BEN YISRAEL, V'LO L'HISYACHES LA'BECHORAH." - "Ths sons of Reuven, the firstborn of Yisrael; he was the firstborn, and when he profaned the bed of his father, his right of firstborn (to receive the double portion) was given to the sons of Yosef, the son of Yisrael, but not to be referred to as the full firstborn." (Divrei ha'Yamim I 5:1)

5) [line 9] "KI YEHUDAH GAVAR B'ECHAV UL'NAGID MIMENU, VEHA'BECHORAH L'YOSEF." - "For Yehudah prevailed over his brothers, and the one to be the leader was to come from him, but the right of the firstborn was [given] to Yosef." (Divrei ha'Yamim I 5:2)

6) [line 11] "VA'ANI NASATI LECHA SHECHEM ACHAD AL ACHECHA, ASHER LAKACHTI MI'YAD HA'EMORI B'CHARBI UV'KASHTI." - "And I have given to you one portion more than your brothers, which I took from the hand of the Emori with my sword and with my bow." (Bereishis 48:22)

7) [line 13] "KI LO V'KASHTI EVTACH, V'CHARBI LO SOSHI'ENI." - "For not in my bow shall I trust, and my sword will not save me." (Tehilim 44:7)

8a) [line 13] "CHARBI" ZO TEFILAH - "my sword" refers to prayer (see Insights)
b) [line 14] "KASHTI" ZO BAKASHAH - "my bow" refers to supplication (see Ya'avetz)

9) [line 17] DIKLA B'ALMA - merely an extra date-palm tree [is the extra amount given to Yosef]

10) [line 22] LO MEHANI LEI L'YOSEF V'LO MIDA'AM?! - he would not have given any benefit to Yosef at all?!

11) [line 24] KEDAMTAH LEAH B'RACHAMIM - she preceded Rachel [in bearing children to Yakov] through [praying to HaSh-m for] mercy

12) [line 26] RAKOS - soft, tender
13) [line 26] RAKOS MAMASH - literally softened [by a constant flow of tears; the MAHARSHA points out that it is a disgrace for a woman to have eyes softened by constant tears, as is evident in Ta'anis 24a]

14) [line 27] "MIN HA'BEHEMAH HA'TEHORAH U'MIN HA'BEHEMAH ASHER EINENAH TEHORAH..." - "From the animal that is pure and from the animal that is not pure." (Bereishis 7:8) - The Torah avoids using the word "Teme'ah" ("impure") to describe the animal that is not pure. Rabeinu Yonah explains that when these words were said to Noach, animals that were Teme'im (the non-Kosher animals) were permitted to be eaten but not to be sacrificed. It was therefore considered disgraceful to degrade those items which serve as food for man by calling them "Teme'im" (SHA'AREI TESHUVAH 3:230).

15) [line 29] SHE'MATNOSEHA ARUKOS - her gifts were substantial and long lasting (referring to the gifts of Kehunah, Leviyah, and Malchus which were granted to her sons Levi and Yehudah)

16) [line 30] PARASHAS DERACHIM - a crossroads
17) [line 32] MELASTEM BERIYOS - he robs people
18) [line 33] NASHRU RISEI EINEHA - her eyelashes fell out
19) [line 39] LO YACHALT LEI - you will not be able to outmaneuver him
20) [line 40] IS LI ACHASA DI'KESHISHA MINAI - I have a sister who is older than I

21) [line 40] V'LO MENASVA LI MI'KAMAH - and he will not marry me off before her

22) [line 41] U'MI SHARI LEHU L'TZADIKEI LI'SGUYEI B'RAMA'USA? - and is it permitted for righteous people to act with deception?

23) [line 42] "IM NAVAR TITAVAR V'IM IKESH TITAPAL." - "With the pure You show Yourself pure; and with the corrupt You show Yourself cunning." (Shmuel II 22:27) - This verse describes the ways of HaSh-m. The Gemara takes it as a requirement for the conduct of a righteous person.

24) [line 42] MASAR LAH SIMANIN - he gave her signs (which she would use on the night of the wedding to prove to Yakov that she was Rachel)

25) [line 42] KI KA ME'AILEI LAH L'LEAH - when they were bringing in Leah (in place of Rachel)

26) [line 43] MICHSEFA ACHSA'I - my sister will be embarrassed
27) [line 46] ABA CHALIFA KERUYA - the name of an Amora

28a) [line 46] BI'CHELALAN ATAH MOTZEI SHIV'IM - in their summation [of the number of people who went down to Mitzrayim] you find 70
b) [line 47] BI'FERATAN ATAH MOTZEI SHIV'IM CHASER ECHAD - in their detailed list [of the people who went down to Mitzrayim] you find 70 less 1 (i.e. 69)


29) [line 7] "VA'YEHI KA'ASHER YALDAH RACHEL ES YOSEF, [VA'YOMER YAKOV EL LAVAN SHALECHENI V'ELCHAH EL MEKOMI UL'ARTZI.]" - "And it was when Rachel gave birth to Yosef, [that Yakov said to Lavan. 'Send me, and I will go to my place and to my land.']" (Bereishis 30:25)

30) [line 11] "V'HAYAH VEIS YAKOV ESH, U'VEIS YOSEF LEHAVAH, U'VEIS ESAV L'KASH" - "The house of Yakov will be fire, and the house of Yosef a flame, and the house of Esav will be straw, [and they will ignite them and consume them.]" (Ovadyah 1:18)

31) [line 12] "VA'YAKEM DAVID MEHA'NESHEF V'AD HA'EREV L'MACHARASAM..." - "David struck them from dusk until the evening of the next day..." (Shmuel I 30:17)

32) [line 14] D'AKARYACH - he who taught to you
33) [line 15] "B'LECHTO IM TZIKLAG NAFLU ALAV MI'MENASHEH: (ADNAH) [ADNACH,] V'YOZAVAD, VI'YDI'A'EL, U'MICHA'EL, V'YOZAVAD, VE'ELIHU, V'TZILESAI, ROSHEI HA'ALAFIM ASHER LI'MENASHEH." - "When he went to Tziklag, they fell in with him from Menasheh: Adnach, Yozavad, Yidi'a'el, Micha'el, Yozavad, Elihu, Tzilesai, who were the heads of groups of thousands of the people of Menasheh." (Divrei ha'Yamim I 12:21) - The Gemara points out that David was able to defeat the group of Amalek warriors (who were descended from Esav) who attacked his camp only because he had descendants of Yosef (from Shevet Menasheh) with him.

34) [line 18] "U'MEHEM MIN BENEI SHIMON HALCHU L'HAR SE'IR ANASHIM CHAMESH ME'OS, U'FELATYAH U'NE'ARYAH U'REFAYAH V'UZI'EL BENEI YISH'I B'ROSHAM. VA'YAKU ES SHE'ERIS HA'PELETAH LA'AMALEK, VA'YESHVU SHAM AD HA'YOM HA'ZEH." - "And some of them, from the sons of Shimon, five hundred men, went to Mount Se'ir with Pelatyah, Ne'aryah, Refayah, and Uziel, the sons of Yish'i at their head. They struck the surviving remnants of Amalek, and they settled there until this day" (Divrei ha'Yamim I 4:42-43)

(a) Whenever a person slaughters an ox, sheep or goat (that is not Kodesh), he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the [lower] jaw, and the maw or abomasum [the last of a cow's four stomachs] (Devarim 18:3). 1. The ZERO'A consists of the two upper limbs of the right foreleg, from the knee until the top of the shoulder blade; 2. The LECHAYAYIM consists of the lower jaw, from the joint where it is attached to the upper jaw until the thyroid cartilage, including the tongue; 3. The KEIVAH consists of the maw together with its Chelev, but the Minhag of the Kohanim is to let the animal's owner keep the Chelev.
(b) Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be eaten by a non-Kohen.

36) [line 25] MUKDASHIN - animals that have been sanctified (to be used as Korbanos)

37) [line 25] UVA'SHEVACH SHE'SHAVCHU NECHASIM L'ACHAR MISAS AVIHEN - and in the amount that the property has appreciated after the death of their father

38a) [line 26] MUCHKERES - rented out for a fixed share of the profit that it produces (RASHBAM; see, however, RASHASH)
b) [line 26] MUSKERES - rented out for a fixed sum of money for a set period of time (RASHBAM; see, however, RASHASH)

39) [line 26] HAYESAH RO'AH BA'AFAR - it was grazing in the swamp (at the time of the father's death)

40) [line 29] RA'UY - property that is due [to come into the possession of the father, but at the time of his death it had not yet come into his possession] (see Insights)

41) [line 29] MAKIREI KEHUNAH - (a) friends and relatives of the Kohen who always give their priestly gifts to this Kohen (RASHBAM, RABEINU GERSHOM); (b) Kohanim who are the friends of non-Kohanim who always give their priestly gifts to the Kohanim with whom they are friends (RASHI to Chulin 133a)

The priestly gifts that must be separated from one's animals and given to Kohanim are considered as if they have already been separated. (Therefore, they are considered to be in the possession of the Kohen even before he actually receives them.) (There is a Machlokes regarding this matter.)

43a) [line 31] B'KODSHIM KALIM
Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser Behemah, Pesach and Bechor, which have a *lesser* degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women (Zevachim 55a et al.).

b) [line 32] MAMON BE'ALIM HU - it is considered the property of the owner (KODSHIM KALIM ALIBA D'REBBI YOSI HA'GELILI)
(a) As soon as a person dedicates any article of his property to Hekdesh, it leaves his possession and enters the possession of Hekdesh. Therefore, the person may no longer sell it or give it as a present as a normal owner would.
(b) However, Rebbi Yosi ha'Gelili rules that this law applies only to Kodshei Kodashim (see Background to Bava Kama 76:3a) and to Kodshei Bedek ha'Bayis (objects that are dedicated to Hekdesh *not* as a sacrifice), which are considered Mamon Gavo'ah (property of Heaven) as soon as they are dedicated. Kodshim Kalim remain the property of their owner in all respects until they are slaughtered, except for the fact that they must be offered on the Mizbe'ach to fulfill his pledge. Therefore, according to Rebbi Yosi ha'Gelili, a person may use Kodshim Kalim to betroth a woman; likewise, he may sell them or give them as a present.

44a) [line 32] "U'MA'ALAH MA'AL BA'SH-M" - "[If a person sins,] and commits treachery against HaSh-m, [and lies to his neighbor about an object that was delivered to him to guard, or about money given to him as a loan, or about an object taken away by force, or he has defrauded his neighbor.]" (Vayikra 5:21)

b) [line 32] L'RABOS KODSHIM KALIM - this is to include Kodshim Kalim (ASHAM GEZEILOS)
(a) When a person steals money from a fellow Jew, swears in Beis Din that he holds no such money and later admits his sin, he must return what he stole, pay a fine of Chomesh, and bring a Korban Asham Vadai to receive atonement (Vayikra 5:20-26). The Korban Asham Gezeilos is a ram that costs at least two Sela'im.
(b) Since the verse states, "v'Kichesh ba'Amiso," - "and [he] lies to his neighbor" (ibid. 5:21), objects of Hekdesh are excluded from this Korban. Rebbi Yosi ha'Gelili, however, learns from the words "u'Ma'alah Ma'al ba'Hash-m" (ibid.) that Kodshim Kalim are considered the personal property of their owner. As such, a person could betroth a woman with them, and stealing Kodshim Kalim could lead to a Korban Asham Gezeilos.

45) [last line] SHIVCHA D'MEMEILA - appreciation in value that comes by itself
46) [last line] V'LO KA CHASREI BAH MEZONA - it does not use up any of his food

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