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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 81
BAVA BASRA 81 (28 Sivan) - dedicated by Rav Mordechai Rabin
(Manchester/London/Yerushalayim), in honor of the Yahrzeit of his mother.
1) DOES ONE ACQUIRE LAND WITH TREES?
(a) (Mishnah): If Reuven bought two trees in Shimon's
property, he did not acquire land (with them);
2) THE DECLARATION OF BIKURIM FOR FRUIT FROM THE MARKET
(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
(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").
3) BRINGING BIKURIM WITHOUT THE DECLARATION
(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!
(f) Question: But it says "Asher Tavi me'Artzecha"!
2. In the other Mishnah, R. Meir says that he brings
and recites to teach about one who buys fruits in
(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
(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
(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)
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;
(j) Question: If it is really Bikurim, he must recite the
2. R. Elazar ben Azaryah says, Ma'aser Rishon may be
given to a Kohen.
(k) Answer: They are valid Bikurim even if he does not
(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;
(n) Question (Rav Acha brei d'Rav Avya): Why not say the
declaration - even if they are not Bikurim, he merely
2. "V'Lakachta...v'Heveisi" - the taking and bringing
must be through the same person.
(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.