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Bava Basra 146

BAVA BASRA 146 - dedicated anonymously by a Dafyomi learner in Alon Shvut, Israel


(a) Question: (R. Yehoshua ben Levi): "Kol Yemei Oni Ra'im" - but he eats well on Shabbos and Yom Tov (we distribute Tzedakah to the poor then)!
(b) Answer: Even Shabbos and Yom Tov are bad for him, as Shmuel taught.
1. (Shmuel): A change from one's normal diet prompts (intestinal) sickness.
(c) (Sefer ben Sira): "Kol Yemei Oni Ra'im" - even the nights, his roof is lower than the others, rainwater falls onto his roof and drips inside;
1. His vineyard is the highest, its soil gets washed onto others' vineyards.
(a) (Mishnah): If Reuven sent Sivlonos to his father-in-law's house, even if he sent 10,000 Dinarim and he only ate there one meal worth a Dinar, he does not get anything back (even if there will be no Nisu'in, e.g. one of them died or he decided to divorce her);
1. If he never ate there, he gets back what he sent.
2. If he sent much Sivlonos on condition that she bring them to him at the time of Nisu'in, he gets back what he sent.
3. If he sent a small amount for her to use in her father's house, he does not get them back.
(b) (Gemara - Rava): This is only if he ate a Dinar's worth; if he ate less, he gets back what he sent.
(c) Question: This is obvious, the Mishnah says 'A Dinar'!
(d) Answer: One might have thought, the same applies even if he ate less than a Dinar's worth, the Mishnah gave a typical case - Rava teaches, this is not so.
(e) Questions: The Mishnah says, if he *ate*, he does not get anything back - what is the law if he drank?
1. The Mishnah says, if *he* ate - what is the law if his messenger ate?
2. The Mishnah says, if he ate *there* - what if they sent food for him and he ate it elsewhere?
(f) Answer (and question against Rava - Rav Yehudah): A case occurred, Shimon sent 100 wagons of wine and oil, vessels of gold and silver, and silk garments. He came to the door, they gave him a cup of hot water, he dank it outside. He died before the Nisu'in; the Chachamim in Usha ruled that those gifts that normally would not last (until the Nisu'in, e.g. wine) are not returned, gifts that normally would last (e.g. gold and silver vessels) are returned.
1. This teaches that even if he drank, and even if he consumed less than a Dinar, the gifts are not returned.
(g) Answer (for Rava - Rav Ashi): Perhaps a gem worth 1000 Dinarim was ground up into the water (this is sometimes done for a cure).
(h) Inference: The episode teaches that even if they sent food for him and he ate it elsewhere, the gifts are not returned.
(i) Rejection: Perhaps eating at the door to his father-in-law's house is like eating in the house.
(a) Question: (When Sivlonos must be returned,) if they increased in value, is the increased value returned?
1. Since if they are intact, they themselves are returned, it is as if the Chasan's property increased in value;
2. Or, since if they are lost or stolen she must return their value, it is as if her property increased in value?
(b) This question is unsettled.
(c) Question (Rava): Sivlonos that normally do not last, but lasted, what is the law?
(d) Answer #1: Rav Yehudah taught...Chachamim in Usha ruled that gifts that normally do not last are not returned, gifts that normally last are returned.
1. Suggestion: Gifts that normally do not last are not returned, even if they happened to last!
(e) Rejection: No, only if they wore out, then they are not returned.
(f) Answer #2 (Mishnah): If he sent a small amount of Sivlonos for her to use in her father's house, he does not get them back.
(g) Rejection (Rava): This refers to kerchiefs (they are inexpensive, the Chasan pardons them - we cannot learn to expensive gifts).
(h) (Rav Yehudah): A case occurred, a Chasan sent to his father-in-law new wine, new oil and new linen garments at Shavu'os.
(i) Question: What do we learn from this?
(j) Answer #1: The praise of Eretz Yisrael (he was able to harvest new fruits before Shavu'os).
(k) Answer #2: If a Chasan will make such a claim (that he sent new wine...at Shavu'os) we do not say that surely he is lying.
(l) (Rav Yehudah): A case occurred, people told a Chasan that his wife cannot smell (this is a blemish, it invalidates the Kidushin). He entered a ruin with a radish (some say, a date) to test her.

1. The ruin collapsed, and she died.
2. Version #1 (Rashbam): (She was fully married to him.) Chachamim ruled, since he was testing her (and planning to divorce her), he does not inherit her.
3. Version #1 (R. Tam): (She was only Mekudeshes. Even though it was his ruin,) Chachamim ruled that since he only entered to test her (not for the sake of Nisu'in), he does not inherit her.
(m) (Mishnah): If he sent a small amount of Sivlonos for her to use in her father's house...
(n) (Ravin Sava): Whether he or she died or he retracted, the gifts are returned, food and drink are not returned;
1. If she retracted, even bundles of vegetables are returned.
(o) When returning (money in place of) food, we evaluate meat according to the cheaper price.
(p) Question: How much is that?
(q) Answer: A third less than what it sells for on the market day.
(a) (Mishnah): If a dying man gave away all his property and retained a small amount of property for himself, he cannot retract (it is like a gift of a healthy person);
(b) If he did not keep property for himself, he can retract.
(c) (Gemara) Question: Who is the Tana of the Mishnah, that goes according to estimation (of a person's intention, that he only gave all his property because he did not expect to live)?
(d) Answer #1 (Rav Nachman): It is R. Shimon ben Menasiya.
1. (Beraisa): Reuven went overseas, his father heard that Reuven died, he wrote all his property to others. Later, Reuven returned - the gift stands;
2. R. Shimon ben Menasiya says, the gift is void - had he known that his son was alive, he would not have given it.
(e) Answer #2 (Rav Sheshes): It is R. Shimon Shezuri.
1. (Beraisa): At first, they used to say that if a person was being led to his execution and said 'Write a Get to my wife', we write and give it (surely, he wanted us to give it, he forgot to say this because he was distracted);
2. Later they said that this also applies one who is boarding a ship to go overseas or leaving with a caravan;
3. R. Shimon Shezuri says, this also applies to a dying man.
(f) Question: Why didn't Rav Nachman establish our Mishnah like R. Shimon Shezuri?
(g) Answer: There, he said 'Write' (which shows that he wants to divorce her - here, he did say anything showing that the gift was conditional).
(h) Question: Why didn't Rav Sheshes establish our Mishnah like R. Shimon ben Menasiya?
(i) Answer: There, certainly, had he known that his son was alive, he would not have given to someone else; here, it is not so certain that the gift was conditional.
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