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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 49

BAVA BASRA 48 & 49 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.


(a) (Rav Nachman): If witnesses say that the document they signed was Emanah or that they signed a sale document about which they heard a Moda'ah from the seller, they are not believed.
(b) (Mar bar Rav Ashi): They are not believed to say that the document they signed was Emanah, but they are believed to say that they signed a sale document about which they heard a Moda'ah (Tosfos - only if we cannot validate the document without them; Rashbam - even if we can validate the document without them).
(c) Question: What is the difference between the cases?
(d) Answer: It is forbidden to write and give a document ofEmanah so they are not believed to incriminate themselves, but it is permitted to sign a document after hearing a Moda'ah.
(a) (Mishnah): A man does not get a Chazakah in his wife's property...
(b) Objection: This is obvious! He is entitled to eat the produce, this is no proof that he owns the land itself!
(c) Answer: The Chidush is, even if he wrote a document saying 'I have no claim to your property', he has no Chazakah.
(d) Question: Such a document is meaningless!
1. (Beraisa): Levi wrote to Yehudah 'I have no claim to this field, I have no business in it, my hand is removed from it' - this has no effect.
(e) Answer (d'vei R. Yanai): Our Mishnah is when he wrote this during Eirusin, before the Nisu'in, as Rav Kahana taught;

1. (Rav Kahana): One can stipulate (Tosfos - even with a weak language of refusal) not to inherit an inheritance that is only mid'Rabanan (for Rava's reason);
2. (Rava): An enactment made to benefit a person, in a case like this, that person can say, 'I do not want the enactment'.
3. Question: To which case does Rava refer?
4. Answer: To Rav Huna's law.
i. (Rav Huna): A woman can tell her husband 'You need not feed me, and I will not work for you' (because it was enacted for her benefit that he feed her and that she will work for him).
(f) Inference: The Mishnah said that a man does not get a Chazakah in his wife's property - but if he can prove (through witnesses) that she sold it to him, he gets it!
(g) Question: Why can't she say 'I never meant to sell it, I merely wanted to please my husband'?
1. (Mishnah): Reuven bought from Shimon a field designated to pay the Kesuvah of Shimon's wife, and then he bought it from her - the latter sale is void (she does not lose rights to collect her Kesuvah from it), she can say, 'I merely wanted to please my husband.'
(h) Answer: Rabah bar Rav Huna explained, that only applies to three types of fields: a field that he wrote in her Kesuvah that she has a lien to collect from it; a field that he made (in front of witnesses) an Apotiki from which to collect her Kesuvah; a field she brought into the marriage as Tzon Barzel (he must return to her its initial value when he pays her Kesuvah).
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