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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 52

BAVA BASRA 52 & 53 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.


(a) The Beraisa (regarding the Din of receiving a Pikadon from a woman, an Eved or a Katan) concludes that if any of them leave instructions at the time of death, to return the Pikadon to whoever it might be, one follows the instructions.
Why does the Tana refer specifically to the time of death?

(b) What does the Tana mean when he adds 've'Im La'av, Ya'aseh Pirush le'Pirushan'?

(c) Why can it not mean that if they did not leave instructions, the Pikadon is automatically returned to the husband, the master or the father ... ?

(a) Some versions add 've'Ika de'Amri, Ya'aseh Pirush le'Pirushan'.
What does this imply?

(b) On what grounds do we reject this Lashon?

(c) When the wife of Rabah bar bar Chanah died, she left instructions to hand a set of very expensive ear-rings to Marsa and his grandsons.
Who was Marsa?

(d) According to the first Lashon, Rav instructed Rabah bar bar Chanah to follow the previous ruling (depending on whether his wife was trustworthy or not).
What did he rule, according to the second Lashon?

(a) We learned in the Beraisa with regard to someone who accepted a Pikadon from a Katan 'Ya'aseh Lo Segulah'. Rav Chisda interprets this to mean that he should sell it and invest in a Seifer-Torah.
What Peiros would the Katan then get out of it?

(b) What does Rabah bar Rav Huna say?

(c) Why not invest in a business?

(a) We learned in our Mishnah that a father and son cannot establish a Chazakah on each other. Rav Yosef says 'Afilu Chalku'.
What does he mean by that?

(b) What does Rava say?

(c) What is the general consensus of opinion in this matter?

(d) What does the Beraisa say about a son who left his father's domain and a woman who received a divorce from her husband?

(a) According to Rav, if, following the death of the father, the eldest brother is managing the affairs of the house, and there are Onos and Sh'taros written in his name (which he claims, are his personal property), the onus lies on him to prove that the Sh'taros are in fact, his, and not the joint property of the siblings.
From where did he claim to have received the property that he purportedly sold? What are 'Onos'?

(b) What is Rav's reason, seeing as the Sh'taros are written in his name?

(c) What does Shmuel say?

(d) If Shmuel referred to Rav as 'Aba', because that was his real name ('Aba Aricha'), why do we call him Rav?

(a) Shmuel maintains that once the eldest brother died, Rav would concede to Shmuel that (assuming that he left behind heirs) it would be up to the siblings to prove that they were joint owners.
Why is that?

(b) What objection does Rav Papa raise to Shmuel's ruling?

(c) Why should this case be any worse that a case where, after living on the property for three years, the heirs claim that they received it from their father, who had previously lived on the property for one day, where they are believed, even though their father would not have been?

(d) Rav Papa substantiated his Kashya by citing a ruling of Rava.
On what basis did Rava rule that the pair of wool-comer's scissors which Yesomim inherited from their father was to be returned forthwith? What did the original owner claim?

(a) Rava's ruling in turn, was based on a statement of Rav Huna bar Avin.
What did Rav Huna have to say about objects that people tend to lend or to rent out?

(b) What is the final comment regarding Rav Papa's query on Shmuel's ruling?

(c) What distinction does Rabeinu Chananel draw between 'Tiyuvta' and 'Kashya'?

(d) On what basis do we reject this distinction? If there is no Halachic difference between the two, how will we explain Chazal's use of, sometimes the one, and sometimes the other?

(a) The Rashbam rules completely like Rav.
Bearing in mind the principle that the Halachah is like Shmuel in money-matters, why does he do that?

(b) What does Rabeinu Chananel quoting Reb Yisrael Gaon say?

Answers to questions



(a) How does Rav Chisda qualify Rav's ruling (that the onus of proof of ownership lies with the elder brother)? In which case will this not be necessary?

(b) According to Rabah, the proof Rav required is witnesses.
What does Rav Sheishes say?

(c) How do we know that they are arguing according to Rav, and not Shmuel?

(d) Based on the fact that there is no indication or reason to rule like one more than the other, like whom does Rabeinu Chananel rule?

(a) Rava asked Rav Nachman whether he held like Rav or Shmuel, Rabah or Rav Sheishes.
What did he reply?

(b) What similar case does the Beraisa incorporate in this ruling?

(c) Why does the Tana introduce the latter with 've'Chein'? Why might we have thought that the woman is believed any more than the eldest brother?

(d) Then on what basis might she not be believed?

(e) Why does the Tana mention that the Almanah inherited the Sh'taros from her paternal grandfather?

11) Our Mishnah concludes 'Nosen Matanah ve'ha'Achin she'Chalku ve'ha'Machzik be'Nechsei ha'Ger, Na'al, Gadar u'Paratz, Harei Zu Chazakah'.
How can the Tana then precede this statement with the words 'Bameh Devarim Amurim be'Machzik, Aval ... ', implying that these cases are not subject to Chazakah?


(a) Rav Hoshaya (or Sheravya) cites a Beraisa be'Kidushin de'Bei Levi: 'Na'al, Gadar u'Paratz Kol she'Hu, Harei Zu Chazakah'.
What sort of transaction is the Tana referring to?

(b) We might infer from here that if the purchaser made the Kinyan not in the seller's presence, then he does not acquire the property.
How does Rava interpret the Beraisa?

(c) Will it make any difference if the purchaser already paid?

(d) In which case will the purchaser acquire the field with money alone (even in a place where a transaction concerning Karka requires a Sh'tar)?

Answers to questions

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