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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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'e Tefusaso', and the same applies to two corpses.
What do we learn from the Pasuk in Vayechi "u'Nesasani mi'Mitzrayim"? What does 've'es Tefusaso' mean?

(b) By what right does one move him? Why does the corpse not automatically acquire its place?

(c) How would the Din differ if the dead person had obviously been killed (e.g. if it had been cut up)?

(d) The same would also apply if the corpse was not lying in the regular position of burial.
Why is that?

(a) Someone who discovers a Shechunas Kevaros, is not permitted to move the corpses at all.
What constitutes a Shechunas Kevaros? Between what distances must the three corpses be lying?

(b) What is then the size of a burial cave, according to this Tana?

(c) How many Kuchin will then fit into ...

  1. ... the wall of four Amos?
  2. ... one of the walls of eight Amos?
(d) And how much space does this Tana require ...
  1. ... between one Kuch and the other?
  2. ... between the last Kuch on any of the sides and the corner?
(a) What areas must one search if one discovers a Shechunas Kevaros?

(b) If the three graves are within eight Amos, and not four Amos apart, why should one search further than the next grave site. Why, assuming that one does not find a Kuch there, do we not assume that it cannot be a Shechunas Kevarim?

(c) What must one do if one finds another corpse twenty Amos away? Why is that?

(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. Who is then the author of the Mishnah in Ohalos?

(b) Rebbi Shimon ben Yehudah Amar Rebbi Shimon argues with the Tana Kama in a Beraisa.
What does the Tana Kama there say about someone who found many corpses with less than four to eight Amos between them?

(c) And what does Rebbi Shimon ben Yehudah Amar Rebbi Shimon say?

(a) What problem do we have from the Seifa ('Bodek Mimenu u'Lehalan Esrim Amah') with the Reisha, which we established like Rebbi Shimon?

(b) Why does it not seem any better to establish the Seifa like the Rabbanan?

(c) We do in fact, establish the Seifa like the Rabbanan.
How do we resolve the problem?

(d) How does this enable us to arrive at twenty Amos?

(a) On what grounds do we query the previous answer?

(b) How do we resolve this problem? Why do we not require a search of twenty-two Amos according to the Rabbanan?

Answers to questions



(a) Rav Shisha B'rei de'Rav Idi (whom we cited earlier), establishes the Seifa too, like Rebbi Shimon.
Then how does he account for having to search twenty Amos and not twenty-two?

(b) In that case, why do we not assume the second cave too, to be for still-born babies, in which case eighteen Amos ought to suffice?

(a) We learned in the Mishnah in Kil'ayim 'Kerem she'Natu'a al Pachos me'Arba Amos, Rebbi Shimon Omer, Eino Kerem'.
Why is that?

(b) What do the Chachamim say?

(c) How will we 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 ... '? Why does he say Ro'in in the case of the corpses, but not of the trees?
  2. ... the Chachamim with the Chachamim there, who say 'Yesh Lahen Tefusah, ve'Ein Lahen Shechunas Kevaros'. Why do they say Ro'in in the case of the trees, but not of the corpses?
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***** 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), how many Sa'ah comprise ...
  1. ... an Eifah?
  2. ... a Beis-Kur?
(b) Which ditches and rocks are included in the sale and which are not?

(c) In addition to being ten Tefachim deep or high, how wide would they have to be, to be precluded from the sale?

(d) What is the reason for the above ruling? Why are ditches or rocks with these measurements precluded from the sale?

(a) What would be the Din ...
  1. ... if he omitted the word 'Afar'?
  2. ... if he said 'Beis-Kur Karka ... '?
(b) And what would the Din be if he said '*ke*'Beis-Kur Afar ... '? Why is that?

(c) In that case, what is the implication of the word 'Afar' that he mentioned?

Answers to questions

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