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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 92

BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.



(a) (Mishnah): Reuven bought Shimon's fruit and planted it, and it did not grow, even flax seeds - Shimon is exempt;
(b) R. Shimon ben Gamliel says, if he bought seeds that are not (normally) eaten, Shimon is liable.
(c) Reuven sold an ox to Shimon; it was found to be a gorer.
1. (Rav): The sale is mistaken (and therefore void).
2. (Shmuel): Reuven can say, I sold it to you to slaughter (the sale is valid).
3. Question: Let us see if Shimon buys oxen for plowing or for slaughter!
4. Answer: The case is, he buys for both.
5. Question: Let us see if he paid the price of a plowing ox or an ox for slaughter!
6. Answer: The case is, the price is the same for both.
7. Question: If so, what difference does it make if the sale is valid or not?
8. Answer: Whether or not Shimon must toil to sell it, or if he can demand that Reuven refund the money.

9. Question: If Reuven has nothing else to give Shimon in place of the money he owes, he may give him the ox!
10. Answer: The case is, Reuven has other money.
i. Rav says the sale is mistaken - we go after the Rov, most people buy oxen for plowing;
ii. Shmuel says he can say, I sold it to you to slaughter - we only go after the Rov in prohibitions, not in monetary matters.
(d) Question (against Rav - Mishnah):Leah was widowed or divorced; she claims that she was a Besulah when she married Reuven, (so her Kesuvah is 200 Zuz), he (or his heirs) claim that she was not (so her Kesuvah is 100):
1. If witnesses testify that she had a Hinuma (a canopy of myrtle, or a veil over her eyes), or her hair was uncovered (the custom of Besulah brides) she collects 200.
2. Inference: If she does not have witnesses, she only gets 100.
3. Summation of question: Why don't we follow the Rov, most women are Besulahs when married?!
(e) Answer (Ravina): Most women are Besulahs when married, a minority are not; every Besulah that gets married has a Kol (people remember it);
1. Since Leah has no Kol, this weakens the Rov (we do not follow it).
(f) Objection: If every Besulah has a Kol, and Leah has no Kol, we should not believe witnesses, surely they are lying!
(g) Correction: Rather, most Besulahs that get married have a Kol; since Leah has no Kol, this weakens the Rov.
(h) Question (Beraisa): If Levi sold a slave to Yehudah, and the slave was found to be a thief or Kuvyustus (Tosfos - diceplayer; Rashi - kidnapper), the sale stands;
1. If he was found to be an armed robber or sentenced (by the kingdom) to die, the sale is invalid;
2. Suggestion: In the first clause, the sale stands because most slaves are thieves or Kuvyustus (which proves that we follow Rov with regard to monetary matters).
(i) Answer: No, all slaves are.
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