POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 155
BAVA BASRA 155 (14 Elul) - This Daf has been dedicated in honor of
the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum
by his son and daughter and families, and in memory of Sheina
Basha (daughter of Yakov and Dora) Zuckerman, who passed away
on 10 Elul, by her children and sons in law.
1) WHO MUST BRING PROOF? (Cont.)
(a) Suggestion: If so, we must also switch the opinions in
the question (of R. Yochanan against Reish Lakish)!
2) SELLING THE FATHER'S PROPERTY
(b) Rejection: No, we need not;
1. R. Yochanan asked, according to me, they must
validate the document; we understand why the buyers
started using the land (they validated it, or relied
on the admission of the family that it was written);
i. But according to you, they must bring
witnesses, they had no right to start using the
2. Reish Lakish: I agree that the family has no claim
(until they bring proof);
i. They say, he was a minor - we have a Chazakah,
witnesses do not sign unless the parties in the
document are adults!
(a) Question: How old must one be to sell land he inherited?
(b) Answer #1 (Rava citing Rav Nachman): Eighteen years old.
(c) Answer #2 (Rav Huna bar Chinena citing Rav Nachman):
Twenty years old.
(d) Question (R. Zeira - Beraisa): A case occurred, Reuven
sold his father's property, then Reuven died; members of
the family said that the sale was invalid because he was
a minor at the time. They asked if they may check the
1. R. Akiva: Firstly, you may not check the body, it is
a disgrace; secondly, signs often change after
2. We understand according to Rava - Reuven was 18, if
they will check and not find hairs, this proves that
he was a minor;
3) TESTIMONY OF ADOLESCENTS
3. But according to Rav Huna bar Chinena, we must say
that Reuven was at least 20 - even without hairs, he
is an adult!
(e) Answer: Reuven did not have signs of a Seris, so if he
had no hairs, he was a minor;
i. (Mishnah): A 20-year old that did not bring
hairs, he is *the* Seris (a man lacking normal
male development), he does not do Yibum or
Chalitzah (even if he brings hairs later, for
he is already an adult).
1. (Rav Shmuel bar Rav Yitzchak): The Mishnah says that
he is (an adult and) a Seris at age 20 only if he
has signs of a Seris.
(f) Question: If he lacks signs of a Seris (and does not
bring hairs), when is he (an adult and) a Seris?
2. Support (Rava): It says, he is *the* Seris.
(g) Answer (R. Chiya): After most (35) of a person's expected
lifetime (70 years).
(h) When a man would come to R. Chiya (without hairs at an
advanced age), if he was thin, he would tell him to
fatten up; if he was fat, he would tell him to become
1. Version #1 (our text, Tosfos): Sometimes thinness
causes hairs to come, sometimes fatness causes them
(i) Question: What is the law if a man without hairs sold
*during* the year (at the end of which he may sell his
father's property, i.e. 18 or 20 (according to Rava or
Rav Huna bar Chinena))?
2. Version #2 (Rashbam): Sometimes fatness causes hairs
to come, sometimes it makes them fall out.
(j) Answer #1 (Rava citing Rav Nachman): His sale is invalid.
(k) Answer #2 (Rava bar Rav Shila citing Rav Nachman): His
sale is valid.
(l) Rava did not say so explicitly, rather, it was inferred
from something else he said.
1. Levi sold his father's property during the year;
Rava nullified the sale.
(m) Rejection: We cannot learn from this, Rava saw he was
acting excessively foolishly, he freed his slaves.
i. The one who saw this assumed that this was
because a sale during the year is invalid.
(n) Question (Gidal bar Menasiya): If a 14-year old girl
understands business well, may she sell her father's
(o) Answer (Rava): If she understands business well, her
purchases and sales are valid.
1. Question: Why didn't Gidal ask about a boy?
(p) Reuven was less than 20, he sold his father's property;
before he came in front of Rava, his relatives told him
to eat dates and throw the pits in front of Rava (to
appear foolish); Rava nullified the sale. When they were
writing the ruling, the buyers told Reuven to tell Rava
'One can buy an entire Megilas Esther for one Zuz, must
one pay a Zuz just to write your ruling?!'
2. Answer: He asked about a case that occurred with a
3. Question: Why didn't he ask about a 12-year old?
4. Answer: The case was, she was 14.
1. Rava retracted (because he saw that the boy was
sharp) and said that the sale stands; the relatives
protested that the buyers taught him to say that.
2. Rava: Even though he did not think of it himself,
since he understands something clever when he hears
it, his sale stands; throwing the pits was due to
excessive impudence, not immaturity.
(a) (Rav Huna brei d'Rav Yehoshua): An adult less than 18 (or
20) can testify.
(b) (Mar Zutra): He can only testify about Metaltelim, not
(c) Question (Rav Ashi): Presumably, you say that he can only
testify about Metaltelim, because he can sell them;
1. If so, even a minor should be able to testify about
(d) Answer (Mar Zutra): It says (regarding witnesses)
"V'Omedu Shnei *ha'Anashim*" - minors are not men.
2. (Mishnah): Pe'utos (children that reached a certain
level of maturity, some reach this at six years,
others not until 10) can buy or sell Metaltelim.