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Bava Basra 102

BAVA BASRA 101-105 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.



(a) The Mishnah in Ohalos states that if one finds an unknown corpse buried in a regular position, in a place that one wishes to use for Taharos, 'Notlo ve'es Tefusaso', and the same applies to two corpses. We learn from the Pasuk "u'Nesasani mi'Mitzrayim" - that when one relocates a corpse, one must also relocate it together with 'Tefusaso' (three Tefachim [finger breadths, see Hagahos ha'Bach]) of earth.

(b) The corpse does not automatically acquire his place - because (based on the fact that it is not a burial-ground), we assume that it was buried there only temporarily (because he died on Erev Shabbos close to dusk, and there was no time to bury him in his rightful burial place), to be re-buried later (see Ritvo why we do not contend with the possibility that it is a Meis Mitzvah, who acquires his place anyway).

(c) If the dead person had obviously been killed (e.g. if the corpse was cut up) - he would be moved without the earth.

(d) The same would also apply if the corpse was not lying in the regular position of burial - because then we would assume that the corpse was that of a Nochri.

(a) Someone who discovers a Shechunas Kevaros, is not permitted to move the corpses at all. A Shechunas Kevaros comprises - three corpses lying side by side, with not less than four Amos between the first and third corpse and not more than eight.

(b) The size of a burial cave, according to this Tana - is four by eight Amos.

(c) One will then be able to fit into ...

1. ... the wall of four Amos - three Kuchin.
2. ... one of the walls of eight Amos - six Kuchin.
(d) And this Tana requires ...
1. ... two Tefachim between one Kuch and the other (see Tosfos DH 'me'Arba').
2. ... one Tefach between the last Kuch on any of the sides and the corner.
(a) If one discovers a Shechunas Kevaros, one is obligated to search - twenty Amos diagonally from the northernmost corpse towards the south (on the assumption that it is the first of the six Kuchin on the side adjacent to the Chatzer), and from the southernmost corpse towards the south (since one has no way of knowing in which direction the Me'arah is situated). Note, it is unclear why, if the three corpses are four Amos apart, one does not assume that they are from the side facing the Chatzer and search to the right, to the left or opposite (twenty Amos away in either direction, according to the Rabbanan [see Tosfos Yom-tov Nazir 9: DH 'Bodek Heimenu').

(b) Even if the three graves are within eight Amos, and not four Amos apart, one needs to search further than the next grave site - because, even assuming that one does not find a Kuch there, we do assume that it cannot be a Shechunas Kevarim, in case there was an unoccupied Kuch there that caved in.

(c) If one finds another corpse twenty Amos away - one is obligated to continue to search twenty Amos beyond that, 'she'Yesh Raglayim le'Davar' (there is sound reason to believe that the entire area has been designated as a Shechunas Kevarim).

(a) The dimensions of a burial-cave are four by six Amos according to the Tana Kama of our Mishnah, and six by eight Amos according to Rebbi Shimon. The author of the Mishnah in Ohalos is - Rebbi Shimon ben Yehudah Amar Rebbi Shimon, who differs from our Tana's opinion in Rebbi Shimon.

(b) Rebbi Shimon ben Yehudah Amar Rebbi Shimon, argues with the Tana Kama in a Beraisa who rules that if someone found many corpses with less than four to eight Amos between them - they have the Din of individual corpses and not of a Shechunas Kevaros.

(c) Whilst Rebbi Shimon ben Yehudah Amar Rebbi Shimon rules - that we consider the excess bodies as if they were not there, giving the remaining ones the Din of a Shechunas Kevaros.

(a) The problem from the Seifa ('Bodek Mimenu u'Lehalan Esrim Amah') with the Reisha, which we established like Rebbi Shimon is - that, according to Rebbi Shimon, he ought to search, not twenty Amos, but twenty-two (sixteen Amos along the walls of the two Me'aros, and six Amos along the Chatzer [which itself, does not of course, require searching).

(b) Nor does it seem any better to establish the Seifa like the Rabbanan, according to whom eighteen Amos should suffice (twelve Amos along the walls of the two Me'aros and six along the Chatzer).

(c) We do in fact, establish the Seifa like the Rabbanan, and we resolve the problem - by requiring the search of the cave to be performed diagonally (in case the corpses are not all the same size or the Kuchin are not all level.

(d) This enables us to arrive at twenty Amos - because, just as the hypotenuse of a triangle whose two short sides is two Amos more (5x1/5), as we explained earlier, so too, will the hypotenuse of a triangle whose short sides are six by four (the cave times the length of the Kuch) will be two Amos more than the longer side, making it eight Amos. This is most strange, since we know that the hypotenuse of a triangle of six by four Amos is a little over seven Amos, only a fraction more than that of one of five by five Amos (see also Tosfos at the foot of the Amud).

(a) We query the previous answer however inasmuch as if that was the case - then again, he ought to search twenty-two Amos, seeing as one would assume that he searches the second cave diagonally, just as he did, the first.

(b) We resolve this problem however - by answering that Chazal did not obligate him to search the second cave diagonally (since he found nothing more in the first cave), and eighteen Amos will suffice.




(a) Rav Shisha B'rei de'Rav Idi whom we cited earlier, establishes the Seifa too, like Rebbi Shimon, and he accounts for having to search twenty Amos and not twenty-two - because the bodeis that he found were those of still-born babies, in which case we assume that the cave in which he found them was designated for still-born babies, whose measurement is six by six Amos (according to Rebbi Shimon).

(b) Nevertheless, we do not assume the second cave too, to be for still-born babies, in which case eighteen Amos ought to suffice - because it is unusual to designate both caves in one Shechunas Kevaros for still-born babies.

(a) We learned in the Mishnah in Kil'ayim 'Kerem she'Natu'a al Pachos me'Arba Amos, Rebbi Shimon Omer, Eino Kerem' - because since the trees are so tightly packed, it is not considered a vineyard.

(b) The Chachamim rule - Harei Zeh Kerem, ve'Ro'in es ha'Emtza'ayim Ke'ilu Einan.

(c) We will reconcile ...

1. ... Rebbi Shimon there with Rebbi Shimon in the Beraisa that we cited on the previous Amud (regarding many corpses that someone finds with less than four to eight Amos between them) 'Ro'in es ha'Emtza'ayim Ke'ilu Einan, ve'ha'Sha'ar Mitztarfin ... ' - because on the one hand, someone may have to bury a corpse close to dusk on Erev Shabbos, with the intention of relocating the corpse at a later date, whereas on the other, nobody plants trees with the intention of relocating them (and since he planted them permanently, the excessive number of trees negate the Din of a vineyard).
2. ... the Chachamim with the Chachamim there, who say 'Yesh Lahen Tefusah, ve'Ein Lahen Shechunas Kevaros' - because on the one hand, people sometimes planted many trees with the intention of pulling out those that do not grow well, whereas on the other, since so many corpses are buried in close proximity, it is disgusting and is not called burial.
***** Hadran Alach 'ha'Mocher Peiros' *****

***** Perek Beis Kur *****


(a) Our Mishnah discusses a case where Reuven sells Shimon land the size of a Beis-Kur of earth. If ten Eifah comprise a Beis-Kur (a Chomer) ...
1. ... three Sa'ah comprise an Eifah (a Bas).
2. ... thirty Sa'ah comprise a Beis-Kur.
(b) Ditches and rocks that are at least ten Tefachim deep or tall (respectively) are included in the sale, whereas those that are less, are not.

(c) In addition to being at least ten Tefachim deep or tall - they must also be at least four by four Tefachim wide (like we find with regard to Shabbos) to be precluded from the sale.

(d) The reason for the above ruling is - because a purchaser who buys one field (in order to sow, as 'Beis-Kur Afar' implies), wants to be able to plow and sow what he bought in one go, and not as if it were two fields.

(a) If he ...
1. ... omitted the word 'Afar' - then the purchaser would have to accept the land even if it consisted of nothing but ditches or rocks (because maybe he sold it to him to build on or to spread out fruit to dry [and the purchaser has the underhand]).
2. ... said 'Beis-Kur Karka ... ' - then the purchaser would have to accept the land, even if it consisted of nothing but ditches or rocks.
(b) And if he said '*ke*'Beis-Kur Afar ... ' - then Shimon would have to accept even ditches that were deeper than ten Tefachim and rocks that were more than ten Tefachim tall - because besides the *ke* being superfluous, ke'Beis-Kur also implies a Beis-Kur as is.

(c) The word 'Afar' that he mentioned - stresses that he is selling him the land for plowing and sowing, and that consequently, Shimon is not obligated to accept infertile land that exceeds four Kabin (two-thirds of a Sa'ah) per Beis-Kur.

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