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Kollel Iyun Hadaf, Jerusalem

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Bava Basra 107

BAVA BASRA 101-108 - 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) In a case where Reuven and Shimon divided their inheritance, and their father's creditor came and claimed Reuven's portion, Rav says 'Batlah Machlokes', and Shmuel says 'Viter'. Rav's ruling is based on the S'vara that brothers are Yorshin.
What does this mean?

(b) What is the basis for Shmuel's ruling?

(c) Why Lekuchos without Achrayus? Why will we not apply the principle 'Achrayus Ta'us Sofer' (which teaches us that we insert Achrayos in a Sh'tar, even if it was not stipulated)?

(d) Seeing as the basis of their Machlokes is whether 'Yesh B'reirah' (Rav) or 'Ein B'reirah' (Shmuel), what other ramifications does this Machlokes contain?

(a) Rav Asi is not sure whether brothers are considered Yorshin or Lekuchos.
What does he therefore rule? What is the significance of the cash?

(b) How else might we interpret Rav Asi's Safek?

(c) What will he then mean when he says 'Revi'a be'Karka, u'Revi'a be'Ma'os'?

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

(a) Rav Papa rules in the above cases (where after they divided their father's property, a third brother arrived from overseas, or their father's creditor claimed his debt from one of them) 'Mekamtzin'.
What does this ruling hold regarding the Sh'eilah whether brothers who inherit are Yorshin or Lekuchos?

(b) We rule like Ameimar however.
What does Ameimar say?

(c) Which additional case is included in Ameimar's ruling?

(d) What will be the Din if the father's creditor claims only half of one of the brother's portion?

(a) The Beraisa discusses a case where the three members of Beis-Din differ in their assessment of the property that they are assessing.
What is the purpose of their assessment?

(b) What will be the Din if two out of the three assess a field at a Manah, and the third assess it at two Manah, or vice-versa?

(c) What is the source for this ruling?

(a) According to the Tana Kama, if one Dayan gives the value as a Manah, the second as twenty Sela'im and the third as thirty Sela'im, the field is sold at a Manah.
How many ...
  1. ... Sela'im comprise a Manah?
  2. ... Dinrim comprise a Manah?
(b) What is the Tana Kama's reason?

(c) What will be the Din according to the Tana Kama, if the highest assessment is twenty-eight Sela'im (and not thirty)?

(a) What is the basis for Rebbi Eliezer b'Rebbi Tzadok's opinion, that the field is sold for ninety Dinrim?

(b) What objection do we raise to this reasoning?

(c) How do we overrule the objection?

Answers to questions



(a) What does Acherim mean when he says 'Osin Shuma Beinehen u'Meshalshin'?

(b) Following the same pattern as Rebbi Eliezer b'Rebbi Tzadok, Acherim assumes that the two lower assessors will err by thirteen and a third Dinrim.
In that case, why did the middle assessor then not price the field at a hundred and three and two thirds Dinrim (thirteen and a third Dinrim more that the real price)?

(c) What similar objection do we then raise to his reasoning as we raised to that of Rebbi b'Rebbi Tzadok?

(d) And how do we overrule that objection?

(a) In which point does the Tana Kama argue with the other two Tana'im?

(b) Why did Rav Ashi object when Rav Huna ruled like Acherim?

(c) So how would Rav Ashi have ruled?

(d) Rav Ashi made the same comment when Rav Huna ruled like Daynei Golah (Shmuel and Karna).
Why do we not query Rav Huna's need to issue two identical rulings?

(a) Our Mishnah discusses a case where Reuven sells Shimon half a field. He is obligated to build a wall around Shimon's newly-acquired property, and to build a Charitz (a ditch) and a ben Charitz.
What is a 'ben Charitz"?

(b) What are the respective sizes of a Charitz and a ben Charitz?

(c) Why does the Tana teach us this Halachah particularly in the case of where he sold him half a field (and not where he sold him a field)?

(a) What does Rebbi Chiya bar Aba Amar Rebbi Yochanan mean when he says that the purchaser receives the weakest part of the field? Why is that?

(b) When Rebbi Chiya bar Aba asked Rebbi Yochanan why the Mishnah then says 'Meshamnin Beinehen', he introduced his retort with the words 'a'de'Achlas Kafneyasa be'Bavel ... '.
What did he mean by that?

(c) Rebbi Yochanan did not answer his question directly, but quoted him the Seifa of our Mishnah to prove that he was right.
What does he prove from the Seifa?

(a) So what is the Seifa coming to teach us?

(b) So what does 'Meshamnin Beinehen' mean?

(a) What is the purpose of ...
  1. ... the ditches?
  2. ... the ben Charitz? Why will the Charitz alone not suffice?
  3. ... the Charitz? Why will the ben Charitz alone not suffice?
(b) What is the distance between the Charitz and the ben Charitz?
***** Hadran Alach Beis Kur *****

Answers to questions

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