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Bava Basra 131

BAVA BASRA 131 - sponsored by Mr. and Mrs. Avi Berger of Queens, NY. Despite the passage of time, let us not forget the tragic deaths of Mordechai Refael and Tzirel Schivschuurder and their three youngest children, Hashem Yikom Damam, in the Sbarro bombing last year. May the father of all orphans give strength to the remaining children to continue in their parents ways. Mazel Tov to the two sons who have since found spouses. May Hashem protect them from all harm as well as the third brother, who insisted on joining an active combat unit in the army, and the younger sisters.

1) [line 1] EIN L'DAYAN ELA MAH SHE'EINAV RO'OS - a judge (or any Halachic authority) has only that which his eyes see (he should rely only on the facts presented to him and on his own reasoning, and not on a ruling from another Rav that he does not understand)

2) [line 2] B'VARI HEI'ACH? - In the case of a person in good health [who grants one child a disproportionate share of inheritance], how do we rule (according to Rebbi Yochanan ben Berokah)?

3) [line 3] SHCH"M - SHECHIV ME'RA - someone deathly ill
4) [line 3] BAR OROSEI HU - he is ready to pass along his inheritance (i.e. he is about to die)

5) [line 7] SHENISEM MISHNASECHEM - you [in Eretz Yisrael] taught your Mishnah

6) [line 8] LO CHASAV LAH - he did not write for her (in the Kesuvah) (KESUVAH: KESUVAS BENIN DICHRIN)
One of the stipulations of marriage that is imposed by Beis Din and that is written explicitly in the Kesuvah (see Background to Bava Basra 92:18) is called "Kesuvas Benin Dichrin." If the wife dies before her husband, her sons inherit the full value of her Kesuvah after he dies (and not the sons of his other wives), aside from the remainder of the estate (which is divided equally among all of the sons).

7) [line 8] BENIN DICHRIN DI'YEHEVYAN LICH MINAI - sons that you will have from me

8) [line 9] YOSER AL CHULKEIHON D'IM ACHUHON - over and above their portion of the estate that will be divided among them and their [half-]brothers. (From the fact that the Chachamim established that one should write this text in the Kesuvah, we see that a healthy person *can* transfer his Yerushah to someone who is Ra'uy l'Yorsho.)

9) [line 11] "YISVUN" TENAN - the Mishnah states "Yisvun" [in the condition in the Kesuvah]. "Yisvun" means "they will take" it as a debt to them, and not as an inheritance to them (in contrast to "Yarsun," which means "they will inherit" the money of their mother's Kesuvah over and above their portion of the husband's estate).

10) [line 11] YALDUS HAYESAH BI - there was childishness (and brazenness) in me

11) [line 13] LO TARFA MI'MESHA'ABDEI - [why] can he not collect [the money of his mother's Kesuvah, as a debt owed to him] from Meshu'abadim, real estate with a lien on it, which has in turn been sold

There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba l'Olam" - "a person can acquire a thing that has not yet emerged into the world," or not (Kedushin 63a). Some examples of things that have not yet emerged into the world are the fruits that will grow on a tree or the goods to be produced by one's wife. Here, the sons [of this woman for whom the man is writing the Kesuvah] have not yet been born, and thus he cannot cause them to acquire the money.

13) [line 22] L'DAVAR SHE'YESHNO BA'OLAM - to someone who exists in the world

14) [line 25] MISHUM D'KA MAPIK LAH B'LASHON YARSUN - [the reason why Rebbi initially answered Rebbi Nasan's question by saying that the Mishnah states "Yisvun" -- and thus it is in accordance with both Rebbi Yochanan ben Berokah *and* the Chachamim, and Rebbi did not answer that the Mishnah states "Yarsun" and it is still in accordance with everyone as Rav Papa demonstrates, is because Rebbi Nasan would have then proved his point] from the fact that the Mishnah expresses it with the wording of "Yarsun" (i.e. Rebbi Nasan would have challenged Rebbi that since Rebbi taught the word "Yarsun" -- implying that the sons receive the money of the Kesuvah as a Yerushah -- in the Mishnah, it must be that Rebbi is teaching the Mishnah in accordance with the view of Rebbi Yochanan ben Berokah)

One of the stipulations written into a marriage contract is that on the event of the death of the husband, the daughters would be supported from the estate until they get married or reach the age of marriage.

16) [line 28] YEHEVYAN YASVAN B'VEISI - shall dwell in my house
17) [line 28] U'YITZANAN MI'NICHSAI - and will be fed from my properties (lit. possessions)

18) [line 28] AD D'SILAKCHAN L'GUVRIN - until they will get married


19) [line 1] DEB'CHAD BEI DINA ISKUN - in the same Beis Din they (the stipulations of Benin Dichrin and Benan Nukevan) were enacted

20) [line 4] KEREM B'YAVNEH - the Yeshiva in Yavneh where the students sat in rows resembling grapevines in a vineyard

21a) [line 4] HA'BANIM YIRSHU - the sons shall inherit (this refers to the enactment of Kesuvas Benin Dichrin) (See above, entry #6)
b) [line 5] VEHA'BANOS YIZONU - and the daughters shall be supported (this refers to the enactment of Kesuvas Benan Nukevan) (See above, entry #15)

22) [line 7] YALFINAN TAKANAH MI'TAKANAH - we learn one enactment from another enactment (i.e. we learn that the enactment of Kesuvas Benan Nukevan (the right of the daughters to be supported from the estate of their father) applies only after his death from the enactment of Kesuvas Benin Dichrin (the right of the sons from a different wife to receive the money of her Kesuvah) which applies only after the father's death)

23) [line 11] APOTROPA - a caretaker; steward, manager of the household (RASHI to Sukah 27a)

24) [line 13] BENO KATAN HA'MUTAL B'ARISAH - his baby son lying in a bassinet

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