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CHARTS FOR LEARNING THE DAILY DAF
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Bava Basra Chart #10
Bava Basra Daf 155a-156a
THE TRANSACTIONS OF A KATAN
||FROM 13 TO 20(1)
||CAN HE SELL METALTELIN?(2)
||CAN HE SELL LAND LEFT TO HIM BY HIS FATHER?(6)(7)
(unless he knows how to conduct business)
as long as he has signs of adulthood, signs that he is Saris, or he has reached his 36th year
(1) The Gemara (156a) rules that within the 20th year (or the 18th year,
according to one opinion in the Gemara 155a), meaning before the person
reaches his 21st birthday, it is considered to be the same as *before* the
20th year (and thus his sale of land is not valid).
(2) The same applies for giving a *gift* of Metaltelin.
(3) The child's sale or gift of Metaltelin is valid only when we see that he
has intelligence and is not entirely foolish (Gitin 59b).
(4) The Chachamim enacted that a child, who has intelligence, is able to buy
and sell Metaltelin in order for him to be able to buy food for himself.
They only permitted a Katan to sell Metaltelin for this purpose, though, but
not land (for the reasons explained below, footnote #7).
(5) His sale is a valid Kinyan mid'Oraisa.
(6) The question applies only to *selling* land. The Gemara rules like
Ameimar (155b) who says that a *gift* of land given by a person over the age
of 13 and one day is valid (as the Gemara on 156a explains the reasoning).
(7) The RASHBAM (156a, DH v'Hilchesa) explains that the restriction on the
sale of land (by a person between the ages of 13 and 20) applies only to
selling the land that one inherited from his father. This is because he will
be less discriminate in selling it, due to the fact that he received it for
free. Alternatively, it is because of the concern for the honor of the
family (which will be disgraced if the family land is sold). According to
RABEINU TAM, the restriction on the sale applies to any land, and not just
land that the person inherited. The reason, according to that view, for the
restriction on selling land is because of the irreplaceable loss that
selling it involves. (Metaltelin can be replaced by similar Metaltelin, but
there is only one piece of land in any particular place.)
(8) Even though, mid'Oraisa his sale is binding once he has reached the age
of 13 (or 12 for a girl) and has Simanim (signs of adulthood), nevertheless
the Chachamim enacted that his sale is *not* binding until he reaches the
age of 20 (or 18, according to one opinion). They made this enactment in
order to protect the property, to ensure that it would not be capriciously
sold by a youngster and lost from the family forever.
(9) If he has reached the age of 20 (meaning his 20th year has passed, and
he is now 21; see above, footnote #1), then he does *not* need to know how
to conduct business in order for his sale to be valid (RASHBAM, 155b, DH Is
d'Garsi). (See, however, NIMUKEI YOSEF and RASHBA).
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