POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 48
BAVA BASRA 48 & 49 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) A FORCED SALE
(a) (Rav Huna): If Reuven hung (or afflicted in another way)
Shimon until Shimon agreed to sell his property, the sale
(b) Question: Why is this?
(c) Answer #1: In every sale, the owner is coerced, he would
not sell unless he is forced because he needs the money,
and it is valid.
(d) Objection: Perhaps a self-induced Ones is different than
an externally induced Ones!
(e) Answer #2 (Beraisa): "Yakriv" - this teaches that if Levi
must bring an Olah, Beis Din forces him to bring it;
1. Suggestion: Perhaps we force him against his will!
(f) Rejection: Perhaps that is different, (after coercion) he
truly wants to bring the Olah in order to get atonement!
2. Rejection: "Li'Rtzono" (willingly).
3. Question: How do we fulfill both verses?
4. Answer: We force him until he says 'I want to bring
1. (Rav Kahana): The owner admitted to the robber
because he feared. We do not rely on the admission).
(g) Answer #3 (end of the Beraisa): Similarly, one who must
divorce his wife, we force him until he authorizes agents
to write and give the Get.
(h) Objection: Perhaps there he truly wants, because it is a
Mitzvah to follow Chachamim (who ruled that he must
(i) Answer #4: Rather, reason dictates: amidst the coercion,
he decides absolutely to sell (since he gets the proper
(j) Question (Rav Yehudah - Mishnah): If (a Beis Din of)
Yisrael forces a man to divorce his wife, it is valid; if
Nochrim force him, it is invalid;
1. We may tell Nochrim to beat him and say 'Do what
Beis Din of Yisrael tell you'.
(k) Answer (Rav Mesharshiya): Mid'Oraisa, it is valid;
Chachamim decreed that it is invalid, lest women get
Nochrim to force their husbands to divorce them.
2. Summation of question: Why is it invalid when
Nochrim coerce (on their own), we should say that
amidst the coercion, he decides absolutely to
(l) Question (Rav Hamnuna - Mishnah): Reuven bought a field
from a Sikrikon, then bought it from the real owner
(Shimon), his purchase is void;
1. We should say that amidst the coercion, he decides
absolutely to sell!
(m) Answer: Indeed, if Reuven paid Shimon, the sale is valid;
1. (Rav): The Mishnah is when Shimon told Reuven to
acquire through Chazakah, but if Shimon wrote a
document (we assume that he was paid) Reuven
(n) Question: According to Shmuel, how can we answer?
1. (Shmuel): Even if Shimon wrote a document, Reuven
does not acquire unless Shimon wrote in the document
that he accepts Acharayos.
(o) Answer: Shmuel agrees, if Reuven paid Shimon, the sale is
valid (he argues with Rav and says that a document does
not prove that he paid).
(p) Question: According to Rav Bivi, how can we answer?
1. (Rav Bivi citing Rav Nachman): If a robber brings a
proof, we do not establish him to own the land, but
he gets back the money he paid.
(q) Answer: Rav Huna and Rav Bivi are both Amora'im, they
argue with each other.
(r) (Rava): The Halachah is, if Reuven hung Shimon until
Shimon agreed to sell his property, the sale is valid;
1. This is only when Reuven asked to buy a field, but
if he asked for a specific field, it is invalid;
2) FORCED KIDUSHIN
2. The sale of a specific field is invalid only if
Shimon did not count the money (this shows that he
did not accept willingly).
3. It is invalid only if Shimon had no way to evade
Reuven, but if he did, it is valid.
(a) The Halachah is, in all cases the sale is valid, even by
a specific field, for this resembles the following law of
Kidushin (in which the woman gets no choice):
3) A MODA'AH AGAINST A FORCED SALE
1. (Ameimar): If Levi hung Leah until Leah agreed to be
Mekudeshes to him, the Kidushin is valid.
(b) (Mar bar Rav Ashi): Mid'Oraisa, Leah is Mekudeshes;
mid'Rabanan she is not - since Levi acted improperly,
Chachamim fined him and uprooted the Kidushin.
(c) Question (Ravina): Granted, Chachamim can uproot Kidushin
through money, and say that the money was only a gift;
1. If he was Mekadesh through marital relations, how
can Chachamim uproot it? (Tosfos - if they uproot
the Kidushin, they sinned by having extramarital
(d) Answer (Rav Ashi): (Tosfos - Indeed,) Chachamim transform
his Kidushin into an act of extramarital relations.
(a) Tavi hung Papi until he agreed to sell him land. Rabah
bar bar Chanah signed on a Moda'ah (saying that Papi is
acting under duress, he does not agree to sell) and on
the document of sale.
(b) Rav Huna: A witness may properly sign on a Moda'ah, and
on the document of sale.
(c) Objection: If the Moda'ah is valid, the sale is not!
(d) Correction: He meant, if not for the Moda'ah, the sale
would be valid (a sale through coercion is a sale).
1. This is as Rav Huna said above.
(e) Question: But Rav Nachman taught, if witnesses say that
the document they signed was Emanah (the 'borrower'
trusted the 'lender' with a loan document, even though he
did not yet lend him the money) or that they signed a
sale document about which they heard a Moda'ah from the
seller, they are not believed.
2. (Rav Huna): If Reuven hung Shimon until Shimon
agreed to sell his property, the sale is valid.
(f) Answer: They are not believed to say that the seller gave
a Moda'ah, for their speech cannot override the document
they signed, but if they signed a Moda'ah, this
invalidates the document they signed.