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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 156

BAVA BASRA 156 - This Daf has been dedicated in memory of Yitzchak Lubin, and for a Refu'ah Sheleimah for Chaya Miriam bas Sara and for Yehudah Baruch ben Sara Menucha. (Dedicated by Rabbi and Mrs. Lipshutz of Monsey, NY).


(a) (Ameimar): An adolescent (an adult less than 18 (or 20)) can give a gift of land.
(b) Question (Rav Ashi): We invalidate his sale, even though he received money - all the more so his gift is invalid, he does not get anything for it!
1. Counter-question (Ameimar): If he sold something worth five for six, do you validate the sale, because he got more than its value?!
2. Answer (Ameimar): You must say, Chachamim know that children love money, if we allow them to sell, buyers will entice them to sell all their property;
(c) Answer (Ameimar): A person does not give a gift unless the recipient did something nice for him;
1. Chachamim enable adolescents to give gifts, so people will do nice things for them.
(a) (Rav Nachman): We check boys above 13 (and girls above 12) for hairs regarding Kidushin, divorce, Chalitzah, and Mi'un;
1. He cannot sell his father's property until he is 20.
(b) Question: If we checked him when he was Mekadesh, why must we check him when he divorces?
(c) Answer: We must check an adolescent who did Yibum and then wants to divorce her.
1. (Mishnah): If a nine-year old did Yibum, he acquired her; he cannot divorce her until he is an adult.
(d) Rav Nachman taught that we check for Chalitzah, this is unlike R. Yosi,
1. R. Yosi says, because it says 'Ish' in the Parshah of Chalitzah, the Yavam must be an adult; since it does not say 'Ishah', the Yevamah can be a minor.
2. Rav Nachman holds, we equate the laws of the Yavam and Yevamah: just as he must be an adult, also she.
(e) Rav Nachman taught that we check for Mi'un, this is unlike R. Yehudah.
1. R. Yehudah says, a girl may do Mi'un until the area is black (she has so many hairs, one reaches to the next).
2. Rav Nachman does not allow Mi'un once she has two hairs.
(f) Rav Nachman taught that he cannot sell his father's property until 20, to discredit the opinion that says (in his name) 18.
(g) The Halachah is, during the (18th or 20th) year the sale is void;
(h) The Halachah follows (the answer to the question of) Gidal bar Menasiyah (if an adolescent understands business well, he can sell his father's property);
(i) The Halachah follows Mar Zutra (an adolescent can testify about Metaltelim, not about land);
(j) The Halachah follows Ameimar (any adolescent can give a gift of land);
(k) The Halachah follows Rav Nachman regarding checking for Kidushin, divorce, Chalitzah, and Mi'un, and selling the father's property.
(a) (Mishnah - R. Elazar): The ways to give property are the same for sick and healthy people: property with Acharayos is acquired through money, a document or Chazakah; property without Acharayos is only acquired through Meshichah;

(b) Chachamim: A case occurred, the mother of Benei Rochel was sick, she said 'Give my clasp to my daughter, it is worth 1200 Zuz'; the mother died, and Chachamim fulfilled her words!
(c) R. Elazar: She should bury her sons! (They were sinners, Chachamim only fulfilled her words in order to fine her sons, that they would not inherit it).
(d) (Gemara - Beraisa - R. Elazar): A case occurred, a man wanted to give a gift of much Metaltelim; people told him, the only way is to give it Agav land (even though he was dying);
1. He bought a Beis Sela (this will be explained) of land, said 'the north part is to Ploni, and with it 100 flock animals and 100 barrels; the south part is to Almoni, and with it 100 flock animals and 100 barrels; Chachamim approved the sale.
(e) Chachamim: No, he was healthy.
(f) (Mishnah - R. Elazar): She should bury her sons!
(g) Question: Why did he curse them?
(h) Answer (Rav Yehudah): They allowed thorns to grow in a vineyard; R. Elazar forbids this.
1. (Mishnah - R. Elazar): One who lets thorns grow in a vineyard, this is Kilayim, the thorns and nearby vines are forbidden;
2. Chachamim say, only something that people normally grow is Kilayim.
(i) (R. Chanina): R. Elazar forbids keeping thorns (everywhere) because in Araviya people grow thorns for their camels.
(j) (R. Levi): We may make an acquisition from a dying man, even on Shabbos;
1. This is not because we are concerned for R. Elazar's opinion that an acquisition is needed;
2. Rather, it is because if he thinks it is needed, he may panic, and this will worsen his condition.
(k) (Mishnah - R. Eliezer): If a dying man commands on Shabbos, his words take effect (without an acquisition) because we may not write a document, but not if he commands on a weekday;
(l) R. Yehoshua says, his words take effect on Shabbos (even though we could not write them), all the more so on a weekday!
(m) Similarly: R. Eliezer says, we may Mezakeh for (acquire on behalf of) a minor, but not on behalf of an adult (he could acquire for himself);
(n) R. Yehoshua says, we may Mezakeh for a minor, all the more so for an adult (who could acquire for himself)!
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