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Bava Basra 140

BAVA BASRA 140 (29 Av) - "Mechabdo b'Chayav, Mechabdo b'Moso" (Kidushin 31b). This Daf has been dedicated by Bracha Trebitsch and family l'Iluy Nishmas her father, Eliezer Shmuel Binyomin ben Mayer Trebitsch, in honor of his Yahrzeit. T'N'TZ'B'H.

1) [line 1] SHAKLEI LEHU VANOS L'CHULHU?! - the daughters take everything (leaving nothing for the sons)?!

2) [line 2] MOTZI'IN LAHEN - we take for them (the amount that they will need for their support until they reach adulthood, and the remaining property, if any, is left for the sons)

3) [line 3] MERUBIN V'NISMA'ATU - the property was a lot and became a little (or the property was worth a lot and then became worth little)

4) [line 5] KAIMEI - it stands [in the ownership of the heirs]
5) [line 6] SHEVO'ACH - it increased in value
6) [line 6] SELUKEI MESALKEI YORSHIN ME'HACHA - the heirs have completely removed themselves from here (from the property)

7) [line 8] SHE'KADMU U'MACHRU - they went ahead and sold the property (when they were not supposed to)

8) [line 10] ALMENASO MAHU SHE'TEMA'ET BA'NECHASIM - [what is the Halachah with regard to] his widow -- does she decrease the estate?
(a) One of the Tena'ei Kesuvah that was instituted by the Chachamim was that if a man dies before his wife, she must be provided for by his household until she remarries (or dies) (Mishnah, Kesuvos 52b).
(b) The RASHBAM explains that our Gemara is referring to a case in which there are presently "Nechasim Merubim," but if the widow is granted her support, then the estate will be decreased to "Nechasim Mu'atim" (and the daughters will then receive a lump sum for their support (see Insights to 139b) and the sons will receive whatever is left, as opposed to the sons receiving everything and dispensing support to the daughters at regular intervals. (See TOSFOS who explains the Gemara's question differently.)

9) [line 19] BA"CH (BA'AL CHOV) - a creditor (of the deceased)
10) [line 20] D'CHI MAYIS NAMI IS LEI - for when he (the creditor) dies, he (i.e. his heir) still is entitled to collect the debt

11) [line 21] MECHSEREI GUVAINA - it has not yet been collected (the property does not actually belong to the creditor; there is merely a lien on the property for the debt)

12) [line 22] IKA D'VA'I LAH L'IDACH GISA - there are some that asked it the other way (reversing the order of the questions)


13) [line 2] EI ZEH MEHEN KODEMES - which one of them comes first (to receive support from the estate, when there is not enough for both of them)

14) [line 3] ZIL HA'IDNA, V'SA L'MACHAR - go now, and come back tomorrow
15) [line 4] PESHOT MIHAS CHADA - answer at least one [of the questions]
16) [line 11] MAI KA'AMAR - what does he mean to say? (What advantage does a male have over a female elsewhere such that here, the male should not lose the estate to the female?)

17) [line 14] HU D'YARIS - he is the one who inherits

18) [line 18] TUMTUM
A Tumtum is a person whose genitals are covered with skin so that we do not know if he is a male or a female.

19) [line 19] DOCHIN OSO - they may push him away
20) [line 22] YITOL MANEH - he (the son who is born) shall take a Maneh (one Maneh is equal to 25 Sela'im, or 100 Dinerin (1 Sela = 4 Dinar))

21) [line 26] KOL MAH SHE'TELED - whatever she gives birth to
22) [line 30] DOCHIN OSO V'EIN LO - they may push him away *and he receives nothing*

23) [line 33] ANDROGINUS
An Androginus is a hermaphrodite, a person with both male and female reproductive organs. There is a Machlokes as to whether an Androginus is a male, a female or a new gender.

24) [line 34] EIN KEDUSHAH CHALAH ALEIHEN - the Kedushah (of Korbanos) does not take effect upon them (BECHOR BEHEMAH TEHORAH: MA'ARIMIN AL HA'BECHOR)
(a) Every firstborn (Bechor) male of an ox, goat or sheep becomes Kadosh with the Kedushah of Bechor when it comes out of its mother's womb. Its owner must give the Bechor to a Kohen. (See Background to Bava Metzia 6:18.)
(b) The Mishnah in Temurah (24b) describes a way to evade giving one's Bechor to a Kohen. By declaring the Bechor as Hekdesh before it is born, one thereby prevents the status of Bechor from taking effect (since the Kedushah of a Bechor takes effect only after it emerges from the womb, "Kadosh me'Rechem").
(c) If a male animal is then born, then it is has the Kedushah of a Korban Olah. If a female animal is born, then it has the Kedushah of a Korban Shelamim. If two males (twins) are born, then one of them must be brought as an Olah, and the other is sold as an Olah and the money received is Chulin (and has no Kedushah). (This is because he intended his Neder to apply only to one animal, but since twins were born, the status of Hekdesh takes effect on both of the twins. An animal that becomes Hekdesh and is fit to be offered on the Mizbe'ach must be brought on the Mizbe'ach, and thus he must sell the second animal to someone who will use it as a Korban Olah.)
(d) If the animal that is born is a Tumtum or an Androginus (see above, entries #18 and #23), Raban Shimon ben Gamliel rules that it does not become Kadosh at all -- it does not have the Kedushah of an Olah, nor that of a Shelamim, nor that of a Bechor. This is because, according to Raban Shimon ben Gamliel, a Tumtum or Androginus is considered a separate gender unto itself, and it is not considered a male or a female.

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