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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.


(a) Suggestion: If so, we must also switch the opinions in the question (of R. Yochanan against Reish Lakish)!
(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 land!
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 body.
1. R. Akiva: Firstly, you may not check the body, it is a disgrace; secondly, signs often change after death.
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. But according to Rav Huna bar Chinena, we must say that Reuven was at least 20 - even without hairs, he is an adult!
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).
(e) Answer: Reuven did not have signs of a Seris, so if he had no hairs, he was a minor;
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.
2. Support (Rava): It says, he is *the* Seris.
(f) Question: If he lacks signs of a Seris (and does not bring hairs), when is he (an adult and) a 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 thinner;
1. Version #1 (our text, Tosfos): Sometimes thinness causes hairs to come, sometimes fatness causes them to come.
2. Version #2 (Rashbam): Sometimes fatness causes hairs to come, sometimes it makes them fall out.
(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))?
(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.
i. The one who saw this assumed that this was because a sale during the year is invalid.
(m) Rejection: We cannot learn from this, Rava saw he was acting excessively foolishly, he freed his slaves.
(n) Question (Gidal bar Menasiya): If a 14-year old girl understands business well, may she sell her father's property?
(o) Answer (Rava): If she understands business well, her purchases and sales are valid.
1. Question: Why didn't Gidal ask about a boy?
2. Answer: He asked about a case that occurred with a girl.
3. Question: Why didn't he ask about a 12-year old?
4. Answer: The case was, she was 14.
(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?!'
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 about land.
(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 Metaltelim!
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.
(d) Answer (Mar Zutra): It says (regarding witnesses) "V'Omedu Shnei *ha'Anashim*" - minors are not men.
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