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Bava Basra 139

1) [line 1] SHAMIN ES HA'MECHUBARIN LA'LOKE'ACH - we appraise, for the purchaser, the value of the fruits that are still attached to the ground
(and the purchaser must pay that amount to the heirs, and he may then keep the fruits that are attached to the ground). This refers to a case in which a father gave his property to his son as a gift which would take effect after his death. The son acquires the actual property ("Guf"), while the father retains the rights to eat the produce ("Peros"). If the sons sells the property, the buyer acquires the "Guf" immediately, but he acquires the "Peros" only after the death of the father. When the father dies and there is produce still attached to the field, that produce belonged to the father and thus now belongs to his heirs. We appraise the value of the produce and the buyer must pay that value to the heirs, and then he may keep the produce that is attached to the ground.

2) [line 3] HO'IL V'DA'ATO SHEL ADAM KEROVAH ETZEL BENO - since a man feels close to his son

3) [line 4] EIN HA'GEDOLIM MISPARNESIN AL YEDEI HA'KETANIM - the adult children may not take an extra portion of the estate from the share of the minor children for their support needs (such as clothing)

4) [line 6] NIZONIN - [the minor children may not] receive food [by taking an extra portion of the estate from the share of the adult children]

5) [line 7] NIS'U HA'GEDOLIM, YIS'U HA'KETANIM - if the adult children married [from money taken from the estate before it was divided,] the minor children shall marry [also from money from the estate]

6) [line 14] ZEH CHOMER B'VANOS MIB'VANIM - this is a stringency in the case of daughters [who inherit when there are no sons] over the case of sons [who inherit when there are also daughters]

7) [line 15] HA'BANOS NIZONOS AL HA'BANIM - the daughters receive support from the property inherited by the sons

8) [line 16] HAI GEDOL ACHEI - this older brother [who manages the estate]
9) [line 16] D'LAVASH V'ICHSI MI'BEISA - who dresses and covers himself from the money of the estate

10) [line 16] MAI D'AVAD AVAD - that which he has done, is done (and the other heirs are not entitled to a larger share corresponding to what the older brother took)

11) [line 17] SERACHA - a lazy person (who does nothing productive)
12) [line 18] NICHA LEHU D'LO NINVAL - it is pleasing to them that he not be disgusting

13) [line 18] MAI KA'AMAR? - what is the Mishnah saying? (First, it says that the minor children are entitled to get married using the money of the estate just as the older children used the money of the estate to get married, and then it says that if they minor children say that they want to get married the same way that the older children did, we do not listen to them!)

14) [line 22] AVUHA BAR GENEIVA - Avuha, the son of Geneiva
15) [line 23] LAVSAH V'ACHLAH V'AMDAH V'NISEIS - [a woman] borrowed and consumed the money, and arose and got married

16) [line 23] BA'AL LOKE'ACH HEVEI O YORESH HEVEI - is the husband considered to be a buyer, or is he considered to be an heir (see Insights)

17a) [line 26] NIS'U GEDOLOS L'VA'AL - the adult daughters married husbands
b) [line 26] YIS'U KETANOS MI'BA'AL - the minor daughters may marry [by collecting the money that their older sisters borrowed from the estate] from the husbands [of their sisters]
c) [line 27] YIS'U KETANOS L'VA'AL - the minor daughters may marry husbands [from the money of the estate, equal to the amount that their sisters used]

18) [line 28] SHA'ANI PARNASAH - the money taken for her support is different. (The Gemara refutes the proof that a husband has the status of an heir. Perhaps a husband has the status of a buyer, and, normally, he does not need to pay back his wife's debts. However, in this case, her debt has the status of a Milveh b'Shtar, a loan taken with a Shtar (which everyone, including potential buyers, hears about). This is because the money that she took was for her Parnasah, her general support (clothing, etc.), and when a daughter takes money from the estate for such a purpose, everyone hears about it (it has a "Kol"). Consequently, even if the husband has the status of a buyer, he should have heard about the money that she took and that she now owes, and therefore he is obligated to pay her debt.)

19) [line 28] D'IS LAH KOLA - (lit. because it has a voice) because it is well known [that she took money from the estate for her support)

20) [line 29] B'IGARTEI - in his letter
21) [line 31] AL YADI HAYAH MA'ASEH - with me there was an incident
22) [line 32] NIZONES MI'NECHASAV - she (the man's widow) is supported from his property (that is, from the property that now belongs to the husband of the daughter of the deceased man)

23) [last line] ANAN LO YAD'INAN - we would not have known
24) [last line] YOVEL - see Background to Bava Basra 112:6
25) [last line] HA'BECHORAH - the double portion that a firstborn son receives as his inheritance (see Background to Bava Basra 119:3)


26) [line 2] MI YAD'INAN? - do we know?

27) [line 3] B'USHA HISKINU - they instituted in Usha (TAKANAS USHA)
This refers to the ordinance enacted by the Beis Din (Sanhedrin) of Usha, a city in the western part of the lower Galilee. It was one of the ten places to which the Sanhedrin was exiled at the time of the destruction of the second Beis ha'Mikdash. The Beis Din of Usha enacted that if a woman sells her Nichsei Milug during the lifetime of her husband and then she dies before her husband, her husband may expropriate the property from the buyers, because he is considered to be an earlier buyer ("Loke'ach Rishon").

28) [line 3] NICHSEI MILUG (NICHSEI MILUG / NICHSEI TZON BARZEL) A woman brings into her marriage two types of possessions, as follows:

1. Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox). The father, in contrast, does not have the right to the Peiros of his betrothed daughter's property (i.e. if she inherited property from her mother's relatives).

29) [line 5] SHAVYUHU RABANAN - the Rabanan gave him the status of
30) [line 6] HEICHA D'TAVA LEI AVDU LEI - where it (having that status) is best for him, they gave him that status

31) [line 8] PESEIDA DIDEI - his loss (that he will incur if he has the status of a Loke'ach)

32) [line 12] IHNU AFSIDU A'NAFSHAIHU - they brought the loss upon themselves (by buying the property of a married woman, knowing that if she dies her husband will be able to expropriate it from them)

33) [line 13] LO IBA'I LEHU L'MIZBAN ME'ITESA D'YASVA TUSEI GAVRA - they should not have bought [property] from a woman who was living with a husband

*****PEREK #9 MI'SHE'MES*****

34a) [line 17] HA'BANIM YIRESHU - the sons inherit [the estate]
b) [line 17] HA'BANOS YIZONU - the daughters are to be supported [from the estate]. (One of the of stipulations of marriage that is imposed by Beis Din is that after the father dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they reach adulthood or get married.)

35) [line 18] YISH'ALU AL HA'PESACHIM - should beg for money at people at doorways

36) [line 19] BISHVIL SHE'ANI ZACHAR HIFSADTI? - because I am a male, I lose?
37) [line 21] V'CHAMAH MERUBIN? - how much is "a lot" [of property]
38) [line 26] SHE'YIBAGRU - until they reach the age of Bagrus. A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse (i.e. she reaches the age of twelve and six months) she becomes a Bogeres (adult).

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