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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 13

BAVA BASRA 13 (20 Nisan) - Today's Daf has been sponsored by Martin Fogel of Carlsbad, California in memory of his father, Yaakov ben Shlomo Fogel, on the day of his Yahrzeit.


(a) (Mishnah): We do not divide a salon...
(b) Question: If there is not enough for each partner to get a proper share, what is the law?
(c) Answer #1 (Rav Yehudah): The law of 'Gud O Agud' (each partner can set a price, and say 'Buy my share for this price, or I will buy your share for this price') applies.
(d) Answer #2 (Rav Nachman): The law of 'Gud O Agud' does not apply.
(e) Question (against Rav Nachman - Rava): If the law of 'Gud O Agud' does not apply, what happens if a firstborn and his brother inherit a slave or a Tamei animal?
(f) Answer (Rav Nachman): The slave alternates, he serves the firstborn for two days, and his brother for one day.
(g) Question (against Rav Yehudah - Mishnah - Beis Hillel): A half-slave alternates, he serves his master for one day, and himself for one day;
1. Beis Shamai: That is good for the master, but not for the slave - he cannot marry!
2. He cannot marry a slave (since he is half-free); he cannot marry a Bas Yisrael (since he is a half-slave);
3. Suggestion: Perhaps he will not marry!
4. Rejection: The world was created for the sake of reproduction - "Lasheves Yetzarah"!
5. Rather, we force the master to free the slave; the slave writes a document obligating himself to pay the master half of his value.
6. Beis Hillel retracted, and agreed with Beis Shamai. (Only in order that the slave can marry - otherwise, he would alternate serving each)!
(h) Answer: A half slave is different, he cannot be bought (to become a full slave), therefore Gud O Agud does not apply
(i) Question (against Rav Yehudah - Mishnah): Reuven is rich, his brother Shimon is poor; they inherited a bathhouse and an olivepress;
1. If they are normally rented out, they share the revenue;
2. If the father made them for his own use, Reuven can tell Shimon, 'We will also use it ourselves - go buy slaves to heat it up, go buy olives and press them'. (Shimon cannot, Reuven will use it himself; Shimon cannot tell Reuven to buy his share!)

(j) Answer: Also there, Shimon cannot (afford to) buy Reuven's share, therefore Gud O Agud does not apply
(k) Question (against Rav Nachman - Mishnah): The general rule is: we only divide if each will get a portion that keeps the original name; if not, we estimate its value (and Gud O Agud applies).
(l) Answer: Tana'im argue whether or not we apply Gud O Agud.
1. (Beraisa): Levi may say, take a proper share (that keeps its name), I will take (the rest, even though it is) less than this;
2. R. Shimon ben Gamliel says, Yehudah can protest.
3. Question: What is the case?
i. If the Beraisa means simply as taught - what is R. Shimon's reason?
4. Answer #1: Rather, the Beraisa is abbreviated, it means as follows: Levi may say, take a proper share, I will take less; also, Levi can say Gud O Agud;
5. R. Shimon ben Gamliel says, he cannot say Gud O Agud.
(m) Rejection (and Answer #2 to Question 3): Really, the Beraisa means exactly as it says;
1. R. Shimon ben Gamliel says that Yehudah can protest: 'I do not have the money to compensate you for the larger portion, nor do I want to take it as a gift - "V'Sonei Matanos Yichyeh".'
(n) Abaye: Rav Yehudah holds like Shmuel!
1. (Mishnah): Regarding Seforim, even if both want to divide, they may not.
2. (Shmuel): This is only if the Seforim are bound together, but if each is bound by itself, they divide.
i. If the law of Gud O Agud does not apply, even if they are not bound together, either can stop the other from dividing!
(o) Rejection (Rav Salman): Shmuel teaches that the Mishnah forbids dividing Seforim wrapped together even if both want to divide. (He did not address whether or not Gud O Agud applies when only one wants to divide.)
(p) (Ameimar): The Halachah is, we say Gud O Agud.
1. Rav Ashi: But Rav Nachman argues!
2. Ameimar: I argue with Rav Nachman.
3. Question: But Chinena left two slaves to his two sons, one knew how to cook, the other knew to sew and weave; Rava ruled that the law of Gud O Agud does not apply
4. Answer: That case is different, because each of them needs both slaves; saying 'take one' is not Gud O Agud.
5. Question: But regarding Seforim, both need both, yet Shmuel taught that if each Sefer is bound by itself, they divide!
6. Answer: Rav Salman established the case when both want to divide. (The question of Gud O Agud is when only one wants to divide.)
(a) (Beraisa - R. Meir): It is permitted to bind Torah, the prophets and Kesuvim together;
(b) R. Yehudah says, Torah is bound by itself, the prophets by themselves and Kesuvim by themselves.
(c) Chachamim say, each Sefer of the prophets and Kesuvim is bound by itself.
(d) (Rav Yehudah): R. Elazar ben Azaryah authorized Bisus ben Zunin to bind the eight Seforim of the prophets together (the 12 minor prophets count as one Sefer);
1. Some say, each was bound by itself.
(e) Rebbi: Torah, the prophets and Kesuvim bound together were once brought in front of us, and we approved.
(f) Four blank lines separate between the Seforim of Torah, and also between different prophets;
1. Three lines separate between the 12 minor prophets.
2. If one prophet finishes at the bottom of a column, the next may be started at the top of the next column without leaving blank lines.
(g) (Beraisa): One may write Torah, prophets and Kesuvim on the same parchment;
1. He attaches enough extra parchment at one end so they can be wrapped around a roller, and extra parchment at the other end to cover the outermost parchment (that is written on) when they are wrapped.
2. He ends one Sefer at the bottom and begins the next at the top; if he wants to cut them, he may.
3. Question: What does this mean (of course, it is better if they are separate!)?
4. Answer: It is advisable to end each Sefer at the bottom and to begin the next at the top, so he will be able to cut them.
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