POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 127
BAVA BASRA 126-128 - have been generously dedicated by Dick and Beverly
Horowitz of Los Angeles, California. May they be blessed with a life of joy
and much Nachas from their children and grandchildren.
1) A TUMTUM THAT WAS TORN
(a) (Rav Nachman bar Yitzchak): He is not killed for stealing
from his parents (twice) to buy meat and wine - "Ki
Yihyeh l'Ish Ben Sorer u'Moreh" - he must be
(recognizably) a son from his birth.
2) DOUBTFUL FIRSTBORNS
(b) (Ameimar): (If he was not the firstborn) he does not
count as a son to diminish the extra portion of the
firstborn - "V'Yaldu Lo Banim" - we only consider sons
recognizable from birth.
(c) (Rav Shizbi): He is not circumcised on the eighth day (if
it falls on Shabbos) - "V'Yaldah Zachar...Uva'Yom
ha'Shemini Yimol" - this only applies if he was
(recognizably) male from birth.
(d) (Rav Sharbiya): The Tum'ah of one who gave birth to a
male does not apply to his mother - "V'Yaldah Zachar
v'Tam'ah Shivas Yamim..." - this only applies if he was
(recognizably) male from birth.
(e) Question (against Rav Sharbiya - Mishnah): If a woman
miscarried (the same applies regarding a viable baby) a
Tumtum or Androginus, she is doubtfully Tamei like one
who is unsure if she gave birth to a male or female.
1. This refutes Rav Sharbiya.
(f) Suggestion: This also refutes Rav Shizbi!
(g) Rejection: No, the Tana is unsure whether or not we
require a male recognizable from birth regarding
circumcision and Tum'ah; he is stringent about both
(therefore, we do not circumcise the baby on Shabbos).
(h) Question: If so, she should be is doubtfully Tamei like
one who is unsure if she gave birth to a male or female
or (did not give birth but is) Nidah!
(i) This is left difficult.
(j) Support (for R. Ami - Beraisa): "Ben" - not a Tumtum;
"Bechor" - not a doubtful case (this will be explained).
(a) Question: We understand "Ben" - not a Tumtum, like R.
1. What is the case of "Bechor" - not a doubtful case
(obviously, a doubtful firstborn does not receive a
(b) Answer: It teaches about Rava's case.
1. (Rava): Reuven's two wives gave birth, it was not
known who gave birth first. (One of the sons is the
firstborn -) one writes a Harsha'ah (power of
attorney) to the other (if I am the firstborn, you
may take my extra portion), enabling the other to
take the extra portion (and they then split it).
(c) Question (People of Akra): The Chazakah was that Shimon
was Levi's firstborn, and Levi said that Yehudah is his
firstborn - what is the law?
2. Question (Rav Papa): R. Yanai taught, if it was once
known which was the firstborn, and then it was
forgotten, one writes a Harsha'ah to the other; if
it was never known which was the firstborn,
Harsha'ah does not help.
3. Rava publicized his mistake and taught like R.
(d) Answer (Shmuel): One writes a Harsha'ah to the other,
they divide the extra portion.
(e) Question: No matter how he holds, this is difficult!
3) IS ONE BELIEVED TO RETRACT?
1. If he holds like Chachamim (in the coming Beraisa),
Shimon gets it; if he holds like R. Yehudah, Yehudah
(f) Answer: Shmuel is unsure if the Halachah follows
Chachamim or R. Yehudah.
1. (Beraisa - R. Yehudah): "Yakir" - he will make known
to others (who is his firstborn), this teaches that
a man is believed to say who is his firstborn;
(g) Question (Rav Nachman bar Yitzchak): According to
Chachamim, what do we learn from "Yakir"?
i. Just as he is believed to say who is his
firstborn; he is believed to say that a certain
son was born to a divorcee or Chalutzah (and is
disqualified from Kehunah).
2. Chachamim say, he is not believed (about either of
(h) Answer (Rava): When we need the father to identify the
firstborn (we have no Chazakah).
(i) Question: Is this for the sake of giving him an extra
portion? A man can give his money to whomever he wants!
(j) Answer: He must establish him as the firstborn in order
that the son will receive an extra portion in money the
father will receive (after his declaration).
(k) Question: According to R. Meir, a person can transfer
ownership of something that is not yet in the world, he
can give now an extra portion in money he will get later
- how can we answer?
(l) Answer: It enables him to give an extra portion in
property the father will receive when he is Goses (close
to death, and unable to transfer ownership, therefore he
cannot give now what he will receive then).
(m) (Beraisa): If the Chazakah was that Shimon was Levi's
firstborn, and Levi said that Yehudah is his firstborn,
he is believed;
1. If the Chazakah was that Shimon is not Levi's
firstborn, and Levi said that he is, he is not
(n) The first clause is like R. Yehudah, the second clause is
(a) (R. Yochanan): If he said 'he is my son', and later said
'he is my slave', he is not believed (to retract - one
would not call a slave 'my son');
1. If he said 'he is my slave', and retracted and said
'he is my son', he is believed.
(b) The law is the opposite in the place where they collect
taxes from slave owners: if he said 'he is my son', and
(later, where they do not collect taxes) said 'he is my
slave', he is believed;
i. He meant (the first time), he serves me like a
1. If he said 'he is my slave', and later said 'he is
my son', he is not believed (he would lie to evade
the tax, not to falsely obligate himself).
(c) Question (Beraisa): Reuven was serving Shimon like a son;
Shimon said 'he is my son', and later said 'he is my
slave', he is not believed;
1. If he was serving him like a slave, Shimon said 'he
is my slave', and retracted and said 'he is my son',
he is not believed.
(d) Answer (Rav Nachman bar Yitzchak): The case is, he called
him a '100 Metzar slave'.
(e) Question: What does this '100 Metzar slave' mean?
(f) Answer: He is like land worth 100 Dinarim (one would not
say this about his son).