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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 81

BAVA BASRA 81 (28 Sivan) - dedicated by Rav Mordechai Rabin (Manchester/London/Yerushalayim), in honor of the Yahrzeit of his mother.


(a) (Mishnah): If Reuven bought two trees in Shimon's property, he did not acquire land (with them);
(b) R. Meir says, he acquired land.
(c) If the trees grew, Shimon may not cut the branches (even though the shade harms his field).
(d) Reuven owns whatever grows from the stump, Shimon owns whatever grows from the roots.
(e) If the trees died, Reuven may not plant new ones in their place.
(f) If Reuven bought three trees, he acquires land;
(g) If the trees grew, Shimon may cut the branches; Reuven owns whatever grows from the stump and roots; if the trees died, Reuven may plant new ones.
(a) (Gemara - Mishnah): If Reuven bought two trees in Shimon's property, he brings Bikurim, but does not recite the declaration (because he cannot say "Ha'Adamah Asher Nasata Li Hash-m").
(b) R. Meir says, he brings and recites the declaration.
(c) (Rav Yehudah): R. Meir obligates (to bring and recite) even one who buys fruits in the market.
(d) Question: How did Rav Yehudah infer this?
(e) Answer: From the extra clause in the Mishnah;
1. In our Mishnah, R. Meir teaches that he acquired land; obviously, he brings and recites!
2. In the other Mishnah, R. Meir says that he brings and recites to teach about one who buys fruits in the market.
(f) Question: But it says "Asher Tavi me'Artzecha"!
(g) Answer: That excludes fruits of Chutz la'Aretz.
(h) Question: But it says "Admasecha"!
(i) Answer: That excludes land of Nochrim.
(j) Question: But it says "Asher Nasata Li"!
(k) Answer: It means, Hash-m gave him money to buy fruit.
(l) Question (Rava - Beraisa - R. Meir): If Reuven bought one tree in Shimon's property, he brings Bikurim but does not recite, because he did not acquire land.
1. This refutes Rav Yehudah.
(a) Question (R. Shimon ben Elyakim): Why does R. Meir say that one who buys one tree brings Bikurim but does not recite, why do Chachamim say this about one who buys two trees?

(b) R. Elazar: The reason was never explained, how should I know?! Your question embarrasses me!
(c) Answer (Rabah): We can say that they are unsure whether or not one acquires land in these cases!
(d) Question: R. Meir explicitly says in the Beraisa, 'because he did not acquire land'!
(e) Answer: It means, perhaps he did not acquire land.
(f) Question: We should be concerned that (he did not acquire, so) the fruit is not really Bikurim, and the Kohen will eat it without separating Terumah and Ma'aseros!
(g) Answer: Indeed, Reuven tithes the fruit (on condition that it is not Bikurim) before giving to the Kohen.
(h) Question: This works for Terumah Gedolah, Ma'aser Sheni and Ma'aser Oni - these are (or may) be given to a (poor) Kohen;
1. But Ma'aser Rishon must be given to a Levi (and we cannot give it to a Levi, perhaps it is Bikurim)!
(i) Answer: It may be given to a Kohen, according to R. Elazar ben Azaryah.
1. (Beraisa - R. Akiva): Terumah Gedolah is given to a Kohen, Ma'aser Rishon to a Levi;
2. R. Elazar ben Azaryah says, Ma'aser Rishon may be given to a Kohen.
(j) Question: If it is really Bikurim, he must recite the declaration!
(k) Answer: They are valid Bikurim even if he does not recite.
(l) Question: But R. Zeira taught, if a Minchah is small enough that it could be kneaded, even if it was not kneaded, it is valid; even so if it is too big (i.e. if it is more than 60 esronim and the single Lug of oil is not enough to knead it), it is invalid because it was not possible to knead it)! (Here also, since he cannot recite, not reciting invalidates them!)
(m) Answer: He does as R. Yosi b'Rebbi Chanina.
1. (R. Yosi b'Rebbi Chanina): If Yehudah harvested his fruits and sent them to Yerushalayim through an Shali'ach, and the Shali'ach died on the way, Yehudah brings them but does not recite;
2. "V'Lakachta...v'Heveisi" - the taking and bringing must be through the same person.
(n) Question (Rav Acha brei d'Rav Avya): Why not say the declaration - even if they are not Bikurim, he merely recites verses!
(o) Answer #1 (Rav Ashi): Because it appears false.
(p) Answer #2 (Rav Mesharshiya brei d'Rav Chiya): If he recites, onlookers will think that in such a case they are definitely Bikurim, they will give them to the Kohen without tithing them.
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