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Bava Basra 145

BAVA BASRA 145 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

1) [line 4] V'LO HISPIK L'FOR'O - he (the one who owed the Shushvinus) did not have time to pay him back (before the Chasan died)

2) [line 5] HA'ME'ARES - one who betroths a woman (KIDUSHIN - see Background to Kidushin 2:1)

3) [line 9] B'EMES AMRU - (lit. in truth they said) it is an accepted Halachah. (See Background to Bava Metzia 60:1.)

4) [line 14] D'HADAR BEI IHU - when he (the Chasan) retracted
5) [line 18] V'LO MATZYA AMRAH - she is not entitled to say
6) [line 20] D'MIS HU - when he died
7) [line 20] KIDUSHIN L'TIVU'IN NITNU - the object of value given for Kidushin is given as an unconditional present to the woman (lit. it is given for being being sunk, i.e. it is given at the risk of being lost with nothing given in return), and if the husband dies before Nisu'in, it is not returned to his heirs

8) [line 23] SAVLONOS - the gifts that a man sends to his fiancee

9) [line 24] KIKAR - a Kikar is one of the largest denominations of currency.

1 Kikar = 25 Maneh
1 Maneh = 25 Sela'im (also referred to as Shekalim)
1 Sela = 4 Dinerin (Zuzin)
Hence, 1 Kikar = 2,500 Dinerin

10) [line 26] SHELOSHIM CHATZA'IN - 30 half-Shekalim (i.e. 15 Shekalim), equal to 60 Zuzin (see previous entry)

11) [line 29] ESHES YISRAEL SHE'ZINSAH - the wife of a Yisrael who committed adultery. The law is that the wife of a Yisrael who committed adultery willfully must be divorced, and she loses her Kesuvah. If she was forced (raped), then she is permitted to remain married to her husband.

12) [line 29] MISHRA SHARYA LEI - she is completely permitted to him
13) [line 30] ESHES KOHEN SHE'NE'ENSAH - a Kohen's wife who was raped. The law is that if the wife of a Kohen is raped, the Kohen must divorce her, as the Kohen is not permitted to remain married to her (see Background to Kidushin 77:17). She does not lose her Kesuvah, though.

14) [line 34] B'CHOL MAKOM SHE'NAHAGU L'HACHZIR MACHZIRIN - in every place where the practice is to return [the money of Kidushin if the Kidushin did not take effect], we return it. Alternatively, "BAVEL MAKOM SHE'NAHAGU L'HACHZIR" - in cities in Bavel where there is no particular custom, if those cities are near to a metropolis that has the custom to return the money of Kidushin, then that is the custom that is practiced in those cities as well (RABEINU GERSHOM; see DIKDUKEI SOFRIM).

15) [line 34] TARGUMA NEHARDA'AH - it was explained to mean [the region of] Neharda'ah

16) [line 35] SHE'AR BAVEL - the rest of Bavel
17) [line 35] MOHAREI HADREI - the gifts (sent to the bride during the period of Erusin; see above, entry #8, and see RASHBAM here) are returned. (The NIMUKEI YOSEF says that the Chasan hurries to send these gifts, and thus they are called "Moharei," from the word "Memaher" ("to hurry") or "Maher" ("fast").

18a) [line 37] HADAR BEI HU - he retracted
b) [line 37] HADRA BAH IHI - she retracted

20) [line 39] GITAH MOCHI'AH ALEHA - her Get proves her status (i.e. that she was divorced)

21) [line 39] BEDUSA HI - it is fiction, i.e. a mistake
22) [line 40] D'IKA D'SHAMA B'HA V'LO SHAMA B'HA - because there are some people who heard about this (the returning of the money of Kidushin) and did not hear about that (the giving of the Get)

23) [last line] CHOZERES B'ONASAH - it is returned at its time (i.e. at the time that the friend gets married, and it cannot be demanded to be repaid earlier)

24) [last line] RIBIS - interest charged on a loan; see Background to Bava Basra 87:2


(a) The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.). Most Rishonim rule that the Shemitah year cancels loans at the *end* of the year, on the last day of the month of Elul (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.
(c) Shemitah does not cancel debts which have a due date *after* the Shemitah year (such as a ten year loan), since the creditor is not allowed to demand repayment before the due date, and thus "Lo Yisgos" (see (a) above) does not apply. Similarly, Shemitah does not cancel the debt of Shushvinus, as our Gemara teaches, because the Shushvinus is due only when the friend gets married (RASHBAM; see ME'IRI).

26) [line 3] LAV A'DA'ATA D'HACHI YAHAV LEI - he did not give it to him with this (Ribis) in mind. Since he has the option of *not* giving extra gifts (but giving only the value that he received, -RASHASH), it is not considered Ribis if he gives more, since he is doing so only out of his love for his friend (RASHBAM). Alternatively, he is giving more only for his own honor and reputation (RA'AVAD cited by Shitah Mekubetzes).

27) [line 5] "LO YIGOS" - "He shall not exact it [of his neighbor or of his brother]." (Devarim 15:2) - See above, entry #25:a

28) [line 7] KELALA D'SHUSHVINUSA - the general rules of Shushvinus
29) [line 8] HAVAH B'MASA - if he (the one who owed the reciprocative Shushvinus) was in town

30) [line 8] IBA'I LEI L'MEISA - he was required to come (to the wedding feast, and since he did not come, his friend can collect the Shushvinus from him in Beis Din)

31) [line 8] KAL TAVLA - the sound of the bell (that was sounded in order to inform people to come and rejoice with the Chasan)

32) [line 10] L'ODO'EI - to inform him
33) [line 10] TAR'OMES IS LEI - he is entitled to have complaints
34) [line 11] SHELUMEI MESHALEM - but he still must pay [back the Shushvinus]
35) [line 11] NAHAGU BENEI GANANA - the people involved with weddings were accustomed

36a) [line 12] AD ZUZA AISA B'CHAPEI - that if he brings in his palm (BACH: B'CHISEI, his pocket) up to one Zuz (as his Shushvinus gift)
b) [line 12] ACHLEI BI'KEREISEI - then he eats it in his stomach (he eats as much as he brings as Shushvinus, i.e. one Zuz worth of food)

37) [line 13] AD ARBA'AH MESHALEM PALGA - [if he brings as Shushvinus from one Zuz] until four [Zuz], then he (his friend, when he reciprocates the Shushvinus) must pay half (because when the first one brought a large amount as Shushvinus, the wedding party treated him with more respect and fed him more, and thus his friend may deduct that amount from the Shushvinus that he must reciprocate)

38) [line 14] INISH INISH K'CHASHIVUSEI - each person according to his importance

39a) [line 15] B'FUMBI - in public (a publicized wedding, with lots of people)
b) [line 15] B'TZIN'A - in private (a wedding made in private, either because of oppressive decrees issued by the gentiles, or because of a desire to save money and limit the number of attendees, -RASHBAM)

40) [line 19] BA'SHENIYAH - with a second wife (the marriage to a second wife is a lesser Simchah)

41) [line 24] ATIR NICHSIN ATIR PUMBI, ZEH HU BA'AL HAGADOS - one who is rich with property (fields, vineyards, olive trees) and is rich in the public view (he has many animals), this is the one who is the master of Agadah, the homiletic, non-Halachic, parts of Torah (since he can expound his knowledge of Agadah in all places to the masses)

42) [line 25] ATIR SELA'IM ATIR TEKO'A, ZEH HU BA'AL PILPUL - one who is rich with coins and is rich with oil (which comes from Teko'a, a known for its abundant production of olive oil (second explanation of RASHBAM), this is the one who is the master of Pilpul, erudition and deep understanding of the Torah (since he is constantly understanding new concepts and ideas, like one who deals with coins and oil, who constantly has an income)

43) [line 26] ATIR MESHACH ATIR KEMES, ZEHU BA'AL SHEMU'OS - one is rich with measured items (such as grain, which is stored and not constantly sold) and is rich with things that are brought in to be stored, this is the one who is the master of teachings and rulings heard from the Amora'im (since, whenever needed, he will reveal the ruling that he heard)

44) [line 27] HA'KOL TZERICHIN L'MAREI CHITAYA, GEMARA - everyone needs the one who possesses wheat, this refers to the master of Gemara, the person who knows how to explain and resolve the Mishnayos and Beraisos

45) [line 29] "KOL YEMEI ANI RA'IM, V'TOV LEV MISHTEH TAMID." - "All of the days of the poor are bad, and the good of heart has a constant feast." (Mishlei 15:15)

46) [line 30] BA'AL MISHNAH - the master of Mishnah
47) [line 32] "MASI'A AVANIM YE'ATZEV BA'HEM, BOKE'A ETZIM YISACHEN BAM." - "He who chisels stones will be wearied by them, but one who cuts wood will be warmed by them." (Koheles 10:9)

48) [line 37] ISTENIS - an extremely fastidious, sensitive individual
49) [line 38] DA'ATO YAFEH - his disposition is good (he can tolerate everything)

50) [line 39] ACHZARI - a miser, cruel person
51) [last line] DA'ATO KETZARAH - his disposition is short (he is short-tempered and miserly) (RASHBAM); his contemplation is short, in that he does not contemplate about how his actions will effect the future (RASHASH)

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