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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 100


(a) What problem do we have (according to all the above explanations), with the Din in our Mishnah 'Mah she'Nasan Nasan, ve'she'Lo Lo Higi'o'?

(b) We answer this Kashya by quoting Rebbi Yehudah Amar Rebbi Eliezer.
What does Rebbi Yehudah Amar Rebbi Eliezer say?

(c) How is that possible? Since when is the public allowed to steal?

(a) How does this Din differ from the equivalent case where Reuven owned a path going through Shimon's field but lost it?

(b) What is the basis for this distinction?

(c) This explains why the public take back their path. Why does the owner not receive his?

(d) How do we reconcile this answer with Rabah bar Rav Huna Amar Rav, who declares that the Halachah is not like Rebbi Eliezer?

(a) The assumption that if Rebbi Eliezer is speaking when the public lost a path in the field, it must be Halachah is based on the Sugya in Kesuvos, where Admon and the Chachamim argue over a case where Reuven claims from Shimon the path that he lost through his field, when the latter, who surrounds him on all four sides, had purchased his four fields from four people.
What would even the Chachamim hold in a case where Reuven was claiming his lost path through Shimon's single field?

(b) Seeing as, according to Rabah bar Rav Huna Amar Rav, Rebbi Eliezer is not speaking when the public lost a path in the owner's field, we establish the basis of Rebbi Eliezer's ruling on a statement of Rav Yehudah Amar Rav. What does Rav Yehudah Amar Rav say about a piece of field that the public
took over?

(a) How did the public acquire that piece of land, according to Rebbi Eliezer? With the verbal consent of the owner?

(b) This is based on a Beraisa, where Rebbi Eliezer specifically says so. What do the Rabbanan hold?

(c) But did we not learn in Bava Kama that treading on the borders of a field is considered a Chazakah?

(d) Rebbi Eliezer derives his opinion from the Pasuk in Lech-Lecha, where Hashem told Avraham "Kum His'halech ba'Aretz le'Orkah u'le'Rochbah".
On what basis do the Rabbanan counter his proof?

(a) What, according to Rebbi Yossi b'Rebbi Chanina, do the Chachamim concede to Rebbi Eliezer with regard to a path that runs through a vineyard?

(b) What instructions would Rav Yitzchak bar Ami give to someone who was selling a path that ran through a vineyard?

(c) How does Rabeinu Chananel establish Rav Yitzchak bar Ami?

(a) How do we qualify Rav Yitzchak bar Ami's ruling? Under which circumstances will this not be necessary?

(b) What would be the logic to learn vice-versa?

(c) Then why do we decline to accept that explanation?

Answers to questions



(a) We learned in our Mishnah 'Derech ha'Yachid Arba Amos'. Rav Huna however, rules like Acherim in a Beraisa.
What minimum width does Acherim ascribe to a private path?

(b) How do we reconcile Rav Huna with the Daynei Golah, who give the Shiur as two and a half Gemadim? What is a 'Gamda'?

(c) Who are the Daynei Golah? How will we justify the text 'Tanu Daynei Golah', in spite of the fact that they are Amora'im?

(d) The Beraisa defines the dimensions of the various 'Derachim'. The Tana reiterates the Shiurim of Derech ha'Rabim and Derech ha'Yachid (as defined in our Mishnah), adding that of Derech me'Ir le'Ir (eight Amos) and Derech Arei Miklat.
Based on the Pasuk in Shoftim "Tachin Lecha ha'Derech", what is the width of Derech Arei Miklat?

(a) We learned in our Mishnah 'Derech ha'Kever Ein Lo Shi'ur'.
What is the reason for this?

(b) The Beraisa discusses someone who sells 'Kivro, Derech Kivro, Makom Ma'amado, u'Veis Hespedo'.
What is the meaning of ...

  1. ... 'Kivro'?
  2. ... 'Makom Ma'amado'?
(c) What does the Tana say about such a case?

(d) What is the reason for it?

(a) What does the Beraisa learn from the opening Pasuk in Koheles "Havel Havalim Amar Koheles Havel Havalim ha'Kol Havel"?

(b) Rav Ashi cites a Beraisa where Rebbi Yehudah presents this as what they used to do in Yehudah. What was the procedure during the Ma'amados and Moshavos? What did the officer in charge used to say as they practiced it?

(c) What purpose did the Ma'amados and Moshavos serve, besides that of comforting the mourners?

(d) The fact that this was a matter of Minhag indicates that is has nothing to do with frightening away the demons that accompany the mourners from the grave, as some suggest (since this would affect everybody).
What other proof can we bring to refute that theory?

(a) What comment did the Rabbanan make based on Rebbi Yehudah's statement?

(b) What did Rami bar Papa do when Rav Ivya, his sister's husband, died?

(c) Rav Yosef pointed out two errors on the part of Rami bar Papa.
Besides the fact that he arranged Ma'amados u'Moshavos for non-relatives (whereas it is normally reserved for relatives who were not mourners), what other mistake did he make, according to Rav Yosef?

(a) According to Abaye, he also performed them in town and not in the Beis-Hakevaros, whereas according to Rava, he ought not to have performed them in that town in the first place.
Why not?

(b) May one bury one's dead on Shabbos?

(c) Then how will Rav Yosef and Abaye explain the statement of the Chachamim in our Mishnah 'Im-kein Af be'Shabbos Mutar La'asos Kein'?

(a) If Reuven undertook to sell or dig a family burial ground for Shimon, how many caves would he have had to dig leading from the central Chatzer, according to the Tana Kama?

(b) What were the measurements of ...

  1. ... the Chatzer?
  2. ... each cave? How deep down would he dig them?
(c) How many Kuchin would he dig in the walls of each cave? What is a Kuch?

(d) And what would be the measurements of each Kuch?

(a) How do we account for the ...
  1. ... three Kuchin in the two parallel six-Amah walls?
  2. ... two Kuchin in the far four-Amah wall?
(b) Seeing as a dead person is generally three Amos tall, why did the Kuchin need to be four Amos?

(c) Why did the Kuchin need to be so high?

(d) What is the purpose of the Tefach space between the top of the Aron and the ceiling of the Kuch?

Answers to questions

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