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Bava Basra 63

BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.


(a) The following is obvious: if Reuven said 'Ploni will divide my property', he gets half.
(b) Question: What if he said 'Give him a portion of my property'?
(c) Answer (Ravina bar Kisi - Beraisa - Sumchus): If Shimon said 'give Ploni a portion in the pit', he gets a quarter (we are unsure if he gets half or an arbitrarily small share); Sumchus says, since we are in doubt we divide; 'for the barrel' which means for giving his animals to drink- an eighth since a half is needed for the animals and we are unsure if he meant half of the half (a quarter, or a small share) and therefore we divide the quarter in half; 'for the pot' - one part in 12; 'for the pitcher' - one part in 16.
(d) (Beraisa): A Levi sold his field to a Yisrael (Yehudah), and said 'on condition that the Ma'aser remains mine' - he keeps the Ma'aser;
1. If he said 'Mine and my son's' - if he died, the Ma'aser belongs to his son.
2. If he said 'The whole time you have the field', and Yehudah sold it and bought it back, the Levi has no more claim to the Ma'aser.
(e) Question: Why does the stipulation work? A person cannot acquire something (e.g. the Ma'aser) that is not yet in the world!
(f) Answer: By saying 'on condition that the Ma'aser remains mine', he kept the Ma'aser for himself.
(g) (Reish Lakish): This (the Beraisa) teaches that one who sells a house and stipulates 'on condition that the top is mine', the top is his.

(h) Question: What law do we learn from this?
(i) Answer #1 (Rav Zvid): He is allowed to extend ledges from it.
(j) Answer #2 (Rav Papa): He is allowed to build another story on top of it.
(k) Question: According to Rav Zvid, we understand why Reish Lakish said 'this teaches that', we would not know it without the Beraisa.
1. But according to Rav Papa, even without the Beraisa, we would learn this from his extra words!
2. This is left difficult.
(a) (Rav Dimi of Neharda'a): If Reuven sells his house to Shimon (and wants to include the pit and cistern), it is not enough to write 'the depth and height', he must also write 'from the depth below the earth to the sky'.
(b) Question: Why is this?
(c) Answer: Without specifying, the buyer does not acquire the depth and height (the seller could dig underneath, and retains a roof if it has a Ma'akah);
1. Therefore, if he only wrote 'the depth and height', this would only teach the depth and height;
2. He must also write 'from the depth below the earth to the sky' to include the pit and cistern and tunnels.
(d) Support (Mishnah): The buyer does not acquire the pit and cistern, even though the seller wrote 'the depth and height'.
1. If you will say that without specifying, the buyer acquires the depth and height, writing 'the depth and height', should include the pit, cistern and tunnels!
(e) Rejection: No, the Mishnah is when he did not write 'the depth and height'.
(f) Question: But it says, even though the seller wrote 'the depth and height'!
(g) Answer: No, it means, even though the seller did not write 'the depth and height', it is as if he wrote it (to include the depth and height);
1. To include the pit, cistern and tunnels, he must write 'the depth and height'.
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