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Bava Basra 153

BAVA BASRA 153 (12 Elul) - sponsored with warm Mazel Tov blessings on the occasion of the wedding of Avi and Estie Turkel. May they merit to build together a Bayis Ne'eman b'Yisrael that will be a pride to their dear parents and to all of Klal Yisrael!

1) [line 1] SAVUR MINEI - they (the students of the Yeshiva) originally thought from his statement

2) [line 1] AVAL L'ATZMO LO - but not with regard to himself (that is, the statement that a Shechiv Mera's gift with a Kinyan is final applies only if the Shechiv Mera wants to retract the gift and give it to someone else, but it does *not* apply if he wants to retract the gift and keep it for himself)

3) [line 2] MI'KUFRI - from Kufri or Kufra, possibly Cyprus
4) [line 3] PIRSHAH - explained it
5) [line 4] MAI I'AVAD LACH? - What can I do for you? (i.e. I can do nothing for you, since you did not give the gift in the normal manner of a gift of a Shechiv Mera, such that you would be able to retract the gift when you recovered)

6) [line 11] SIMAN B'ALMA D'CHAYEI - [he is giving] merely an omen that he should live

7) [line 12] ME'CHAYIM KA'AMAR - he was saying that the gift should take effect while he is still alive

8) [line 20] SHADREI - he sent him
9) [line 21] L'SHUM TAMYA - to Shum Tamya, the name of a place

10a) [line 21] HACHA ASRA DI'SHMUEL - this is the place of Shmuel (and thus the Halachah follows his opinion here)
b) [line 22] HEICHI NA'AVID KAVASEI D'RAV? - how, then, can I act in accordance with Rav?

11) [line 23] KI'SHEMA'ATEI - in accordance with his own teaching (that if a Shechiv Mera writes "*me*'Chayim" in the document of the gift, then it takes effect right away and the Shechiv Mera cannot retract the gift if he recovers)

12) [line 23] HAVAH KA TARDA LEI - she was bothering him
13) [line 25] SAFREI - his scribe
14) [line 25] SOCHER ALEIHEN O MAT'AN - he hires workers for a higher wage than theirs, and they must pay the difference, or he tricks them [by bribing them with a very high wage or the like, which he is not obligated to give them]. The Mishnah there (Bava Metzia 75b) is discussing the permissible actions that an employer may take when his workers back out of the agreement that they made and decide not to do the work. By writing these words in the Shtar, Rava was writing an allusion that the Shtar was meaningless and was written merely to trick the woman into thinking that she was entitled to receive her property back (so that she would stop bothering Rava).

15) [line 26] LITBA ARBEI! - his (Rava's) boat should sink!
16) [line 26] AT'UYEI KA MAT'IS LI - you are trying to trick me
17) [line 27] AMSHINHU L'MANEI D'RAVA B'MAYA - they soaked Rava's clothing in water (in order that the woman's curse be fulfilled in a harmless way)

18) [line 28] LO IFRAK MI'TIV'A - he was not saved from [his boat] sinking

The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when ownership is in doubt, all money or real estate remains with the one who has possession.

20a) [line 33] KAD HAVAH KATZIR - when he was ill
b) [line 33] V'RAMI B'ARSEI - and lying in his bed
21) [last line] U'MIGO MAR'EI IFTAR L'VEIS OLAMEI - and because of his illness he passed on to his eternal world


22) [line 1] KIVRO MOCHI'ACH ALAV - his grave proves his status (that he died as a result of his illness)

23) [line 3] NOSNIN ALEIHEN CHUMREI CHAYIM V'CHUMREI MESIM - we give them the stringencies of the living and the stringencies of the dead. For example, if the daughter of a Kohen was married to a Yisrael (and thus was not permitted to eat Terumah in her father's home), we are stringent and forbid her from eating Terumah (out of doubt that perhaps her husband is still alive). If the daughter of a Yisrael was married to a Kohen (and thus she was permitted to eat Terumah), we are stringent and forbid her from eating Terumah (out of doubt that perhaps her husband is dead).

24) [line 12] UL'TUM'AH KA'MACHLOKES - and the same argument applies with regard to the laws of Tum'ah (SAFEK TUM'AH BI'RESHUS HA'YACHID / BI'RESHUS HA'RABIM)
(a) When there is a doubt as to whether an object, or person, is Tahor or Tamei, if the object is found in Reshus ha'Rabim the object is Tahor. If it is found in a private, concealed place, it is judged to be Tamei. During the winter a Bik'ah is a Reshus ha'Yachid and Sefeiko Tahor. During the summer it is a Reshus ha'Rabim and Sefeiko Tamei.
(b) If a person walked through a Bik'ah, and there is a Safek (doubt) as to whether there is Tum'ah there, but he does not remember *when* he walked there, Rebbi Elazar maintains that his status is subject to the dispute between Rebbi Nasan and Rebbi Yakov. Rebbi Nasan, who maintains that we follow the present status, would rule that if the person is presenting his question during the summer, then we rule that he is Tahor. If he is presenting his question during the winter, then we rule that he is Tamei. Rebbi Yakov, on the other hand, who maintains that we follow the Chazakah, the status quo, would rule that since the person was Tahor until now (that is, until his question arose), we rule that he has the same status that he had until the Safek arose and thus he is Tahor, regardless of when he presents his question.

25) [line 12] BIK'AH - (lit. valley) a plain [of open fields]
26) [line 12] YEMOS HA'CHAMAH - the summer (it is considered to be summer from the time that the grain is harvested, -TOSFOS in the name of the Tosefta)

27) [line 13] RESHUS HA'YACHID L'SHABBOS - it is private domain with regard to the laws of Shabbos (SHABBOS: HOTZA'AH)
(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine Avos Melachos of Shabbos. It involves either 1. Hotza'ah, transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain), 2. Hachnasah, transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit, *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) RESHUS HA'YACHID - Reshus ha'Yachid (a private domain) is one of the four Reshuyos (domains) with regard to the Halachos of Shabbos: Reshus ha'Rabim, Reshus ha'Yachid, Karmelis, Makom Petur. See Background to Bava Basra 56:3.

28) [line 13] RESHUS HA'RABIM L'TUM'AH - it is a public domain with regard to the laws of Tum'ah
See above, entry #24.

29) [line 14] YEMOS HA'GESHAMIM - the winter (it is considered to be winter from the time that the second rains fall -- TOSFOS, citing the Tosefta)

30) [line 14] L'CHAN UL'CHAN - for here and for here (i.e. it is a Reshus ha'Yachid for both the laws of Hotza'ah on Shabbos and for the laws of Safek Tum'ah)

31) [line 15] SHE'LO AVRU (ALAV) [ALEHA] - that they (the days of winter) did not pass over (him) [it]. This means that (a) if one winter has passed from the time that the valley was fenced-in, it maintains the status of a Reshus ha'Yachid and is never again considered a Reshus ha'Rabim, even when summer arrives (RASHBAM); (b) if winter passes while the object of Tum'ah is in the valley, then any Safek involving that Tum'ah afterwards is considered a Safek Tum'ah in Reshus ha'Yachid and is deemed Tamei (RABEINU CHANANEL cited by TOSFOS); (c) if the person who has the Safek (who is unsure whether he walked in the valley during the summer or during the winter) comes to ask his question at the beginning of the summer, right after the winter has passed, then even if we rule like Rebbi Nasan (that "Basar Hashta Azlinan," we follow the situation as it is right *now*), we do *not* say that he probably walked there in the summer (and it has the status of a Reshus ha'Rabim and he is Tahor), because since the summer days have just begun it is very unlikely that he would have walked through the valley within the past few days and forgot about it. Rather, his Safek is whether he walked in the valley during the winter that just passed, or during the summer that preceded the past winter. In such a case, we rule that he walked through during *winter* and he is considered Tamei (RI cited by TOSFOS)

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