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Kollel Iyun Hadaf, Jerusalem

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Bava Basra 103

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.

1) At what rate does one redeem an inherited field (that is fit to seed, and) that one declared Hekdesh in times ...

  1. ... when the Yovel does not apply?
  2. ... when it does?
(a) What does the Mishnah in Erchin say about ditches and rocks? When are they counted as part of the field, and when are they not?

(b) At what rate are the latter redeemed, according to this Tana?

(c) We learn the basic Halachah from the Pasuk in Bechukosai "Zera Chomer Se'orim ba'Chamishim Shekel Kesef".
What do we learn from the Pasuk there "ve'Im Ga'ol Yig'al es *ha'Sadeh* ha'Makdish Oso"?

(a) How does Rav Ukva bar Chama reconcile this with the above Mishnah in Erchin, which requires ditches and rocks ten Tefachim or more to be redeemed at market price? Why are they not redeemed at the same rate as the rest of the field (notwithstanding the fact that they are redeemed independently)?

(b) How do we prove this from 'Sela'im' which the Tana mentions together with 'Neka'im'?

(c) What do we learn from the Pasuk in Bechukosai "ve'Im Achar ha'Yovel Yakdish *Sadeihu*"?

(d) Then why are ditches and rocks that are less than ten Tefachim also not precluded?

(a) When our Mishnah precludes ditches and rocks of ten Tefachim from a sale of 'Beis Kur Afar', must they also be full of water (like those of Sadeh Achuzah)?

(b) Why the difference?

(c) Then why does the Tana mention them together with rocks, which cannot be sown?

(d) How can the Tana make a false inference in the Reisha to accommodate the Seifa?

(a) Rebbi Yitzchak limits 'T'rashin' to a maximum of four Kabin per Kur.
What are 'T'rashin'?

(b) Will the same apply to ...

  1. ... ditches?
  2. ... more than two Kabin in half a Kur?
(c) Rav Ukva bar Chama qualifies the Din of four Kabin to a maximum area of five Kabin.
What does he mean by that? What would the Din be if they were ...
  1. ... spread out over six or seven Kabin?
  2. ... four and a half Kabin?
(d) And what will be the Din if there is one rock that is less than ten Tefachim tall, which measures just under four Kabin?
(a) Rebbi Chiya bar Aba Amar Rebbi Yochanan disagrees with Rav Ukva' bar Chama. According to him, even if the four Kabin of rocks are spread out over five Kabin, they will not be counted in the sale.
At which point will they be Batel to the field, and therefore included in the sale, even according to Rebbi Yochanan?

(b) Rebbi Chiya bar Aba asks on Rebbi Yochanan 'Ruban be'Mi'utah, u'Mi'utan be'Rubah, Mahu', and remains with 'Teiku'.
In which case does he have no problem?

(c) Then what is the case of 'Ruban be'Mi'utah u'Mi'utan be'Rubah'?

(d) What is then his She'eilah? Assuming that this too, is included in the sale, what does Rebbi Yochanan then come to preclude from the sale?

Answers to questions



(a) We ask what the Din will be if the majority of the field in which the four Kabin are situated are circular shaped like a bracelet.
What is the She'eilah? Why might this be worse than if it was shaped like a square?

(b) We then ask what the Din will be if they are placed in a straight row. What will we then assume in the previous She'eilah?

(c) Following the same pattern, we ask what the Din will be if they are shaped 'ke'Itztadin'.
What does 'ke'Itztadin' mean?

(d) The final She'eilah, before concluding 'Teiku' is 'Derech Akalason Mahu'.
What does this mean?

(a) What does the Beraisa mean when it says ...
  1. ... 'Im Hayah Sela Yechidi, Afilu Kol-she'Hu, Ein Nimdad Imah'? What is the Tana referring to?
  2. ... 'Im Hayah Samuch le'Meitzar, Afilu Kol-she'Hu, Ein Nimdad Imah'?
(b) Others connect this Beraisa with Rebbi Yitzchak (who restricts rocks of less than ten Tefachim in our Mishnah to four Kabin).
How do they qualify Rav Ukva and Rebbi Yochanan's respective interpretations of Rebbi Yitzchak?

(c) What does the Beraisa now come to teach us?

(d) On what basis do we reject this explanation?

(a) What does Rav Papa mean when he asks what the Din will be if there is earth in between?

(b) And what does Rav Ashi finally ask, assuming that the earth is considered a Hefsek?

(c) What is the outcome of these She'eilos?

(a) We already discussed our Mishnah of 'Beis-Kur Afar Ani Mocher Lach, Midah be'Chevel' in the first Perek.
What will be the Din in this case, if Reuven gave Shimon ...
  1. ... more than a Beis-Kur?
  2. ... less than a Beis-Kur?
(b) How do we reconcile this with ...
  1. ... Rava, who learned in 'ha'Mocher es ha'Sefinah' that a sale that involves measuring, weighing or counting, is invalid even as the result of an error that is less than a sixth?
  2. ... the principle 'Ein Ona'ah le'Karka'os'?
(a) What does the Tana rule in a case where Reuven stipulated 'Hein Chaser Hein Yeser' and he then gave Shimon ...
  1. ... a quarter of a Kav per Sa'ah less or more than a Beis-Kur?
  2. ... in excess of a quarter of a Kav per Sa'ah more than a Beis-Kur?
(b) What is the reason for the latter ruling, bearing in mind that he said 'Hein Chaser Hein Yeser'?

(c) Does this Halachah speak when Reuven also stipulated 'Midah be'Chevel' or not?

(a) On what basis does Reuven have a choice of whether to ask for the difference in cash or in Karka?

(b) Why would Shimon not have the same choice, if Reuven gave him more a quarter of a Kav per Sa'ah less than a Beis-Kur?

(c) What is the significance of the nine Kabin?

(a) In which case will Shimon be entitled to force Reuven to take back land, in the case of ...
  1. ... a field?
  2. ... a vegetable garden, according to the Chachamim and Rebbi Akiva respectively?
(b) If Reuven gave Shimon more than a Rova ha'Kav per Sa'ah, how much is the latter obligated to return?

(c) In the case where they appeared in Beis-Din only at the end of the month, why we not give the benefit of the doubt to the Socher, seeing as he is Muchzak in the money that the owner is claiming from him?

Answers to questions

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