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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 104

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) We ask what the Din will be if Reuven promised to sell Shimon 'Beis-Kur Afar' S'tam.
What are the two sides to the She'eilah?

(b) How do we attempt to resolve the She'eilah from the Reisha of our Mishnah, which rules in a case of 'Midah be'Chevel, Piches Kol-she'Hu Yenakeh, Yiter Kol-she'Hu, Yachzir'?

(c) How do we refute this proof?

(d) Why does the Tana then teach us these two cases, seeing as we cannot infer anything from either of them?

(a) How does the Beraisa 'Beis-Kur Afar Ani Mocher Lach, ke'Beis-Kur Afar Ani Mocher Lach, Hein Chaser Hein Yeser Ani Mocher Lach' conclude?

(b) How do we attempt to refute the proof from here that S'tama has the same Din as 'Hein Chaser Hein Yeser'?

(c) How does Rav Ashi counter this, to render the proof conclusive?

(a) What does the Beraisa say in a case where Reuven gave Shimon seven and a half Kabin more land than the Kur that he promised to sell him assuming that ...
  1. ... Reuven wants money?
  2. ... Reuven wants land, but Shimon wants to give him money?
(b) Why does the Beraisa give this Shiur, and not a quarter of a Kav per Sa'ah, like our Mishnah?

(c) On what grounds do we initially think that we force Reuven to conform with Shimon's request in the second case?

(d) What discrepancy do we now have between the Beraisa and our Mishnah?

(a) How do we therefore reinterpret the Beraisa to conform with our Mishnah?

(b) And how do we reconcile this with another Beraisa 'ke'she'Hu Nosen Lo, Nosen Lo ke'Sha'ar she'Lakach Mimenu'?

(c) What is the reason for this?

Answers to questions



(a) We learned in our Mishnah that if Reuven gave Shimon nine Kabin in excess of what he had promised, he no longer has the right to claim money.
What does Rav Huna mean when he says that this even applies to a large valley?

(b) What will Rav Huna say about a case where Reuven sold Shimon a field of thirty-five Sa'ah, which turns out to be thirty-five quarter-Kabin more?

(c) What does Rav Nachman hold, in a case where the excess amounts to ...

  1. ... thirty-five quarter Kabin in a field which was supposed to comprise thirty-five Sa'ah?
  2. ... thirty-six quarter Kabin in a field which was supposed to comprise thirty-six Sa'ah?
(d) According to Rav Nachman, what is the (technical) difference between the excess of one Kur in a case where Reuven is not Mochel, and that of two?
(a) According to some, Rav Nachman requires nine Kabin over and above the quarter of a Kav per Sa'ah before Shimon becomes obligated to return the excess in Karka.
What do yet others maintain?

(b) On what grounds do we refute this latter theory?

(c) Like whom is the Halachah?

(a) Our Mishnah states 'she'Im Shiyer be'Sadeh Beis Tish'ah Kabin ... Machzir Lo es ha'Karka'.
What did Rava ask from this Mishnah on Rav Nachman?

(b) What prompted him to ask this Kashya? Why did it not occur to him that Rav Nachman would answer 'Lo de'Zavin Leih Kur'?

(c) In that case, what was the point of Rav Nachman's reply?

(a) And what did Rava then ask Rav Nachman from the continuation of the Mishnah ...
  1. ... 'u've'Ginah Beis Chatzi Kav'?
  2. ... 'u'che'Divrei Rebbi Akiva Beis Rova ha'Kav'?
(b) And what did Rav Nachman reply to those two questions respectively?
(a) Rav Ashi asks what the Din will be if Reuven sells Shimon a field, which then became a vegetable garden.
How did that happen?

(b) What is then Rav Ashi's She'eilah?

(c) He also asks what the Din will be in the reverse case.
What is the case?

(d) In which case would Rav Ashi not have asked his She'eilah?

(e) What is the outcome of the two She'eilos?

(a) In which case does the Beraisa obligate Reuven to accept land, even when the excess is less than nine Kabin, even though he sold him a field?

(b) Why can the Tana not mean that since the extra piece of land adjoins another piece of land of his, he is not Mochel even an excess of a quarter of a Kav in the field of a Sa'ah that he sold him?

(a) Rav Ashi asks whether the ruling of the Beraisa will apply even though a pit, a stream of water or a Derech ha'Rabim divide between the two fields.
What is the definition of a 'Derech ha'Rabim'?

(b) What is the fourth thing on Rav Ashi's list?

(c) Is there any significance in the sequence of these four things?

(a) What is wrong with the Lashon of our Mishnah 've'Lo es ha'Rova Bilevad Machzir, Ela Kol ha'Mosar'? What does 'K'lapei Laya' mean?

(b) How do we therefore amend the Lashon of the Mishnah?

13) What does ben Nannes say in our Mishnah in a case where Reuven said to Shimon ...
  1. ... 'Midah be'Chevel Ani Mocher Lach Hein Chaser Hein Yeser'?
  2. ... 'Hein Chaser Hein Yeser Ani Mocher Lach Midah be'Chevel'?
Answers to questions

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