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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 108

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.

***** Perek Yesh Nochlin *****


(a) What does our Mishnah mean when it writes 'Yesh Nochlin u'Manchilin'?

(b) In that case, why does the Tana not simply say 'Nochlin Zeh es Zeh'?

(c) What do the following pairs have in common ...

  1. ... a father and sons, and paternal brothers?
  2. ... a man and his mother, a man and his wife and a man and his maternal aunt?
  3. ... a mother and her sons, a woman and her husband, a woman and her sister's son?
(d) What is strange about the Tana's insertion of the second and third groups?
(a) Who belongs to the group that is neither Nochel nor Manchil?

(b) We just learned that a man inherits his mother's sister.
Will it make any difference whether the sisters are paternal or maternal?

(c) What is the Tana referring to if the text reads 'B'nei Achos' instead of 'B'nei Achyos'?

(a) Which principle governs the distinction that cuts through the Mishnah between paternal relations and maternal ones?

(b) In which case does a father not inherit his son?

Answers to questions



(a) We ask why the Tana first lists 'ha'Av es ha'Banim' and then 'ha'Banim es ha'Av'.
Besides the opening Pasuk in Pinchas "Ish Ki Yamus u'Vein Ein Lo" (which gives precedence to the son inheriting his father), what logic prompts us to ask this Kashya?

(b) Why does the Tana nevertheless do so?

(a) What does the Pasuk in Acharei-Mos "She'er Avicha Hu" teach us with regard to the Pasuk in Pinchas "u'Nesatem es Nachalaso li'She'eiro ha'Karov Eilav"?

(b) What does this teach us concerning the order of precedence in the realm of Yerushah?

(c) And how do we know that the father does not also precede the deceased son?

(a) On what grounds do we include a son but exclude a brother from the above two D'rashos, and not vice-versa? In which two areas does the Torah give precedence to a son over a brother?

(b) In this context, what are the ramifications of ...

  1. ... "le'Ya'adah"?
  2. ... "le'Sadeh Achuzah"?
(c) On what grounds do we reject the counter argument that a brother makes Yibum and not a son?

(d) Why do we need to give this answer? Why can we not simply say that a son has precedence in two areas (Yi'ud and Sadeh Achuzah) whereas a brother has precedence in only one area (Yibum)?

(a) Why do we need to prove the fact that a son takes precedence over a brother? Why is it not evident from the order of the Pesukim, which place a son first?

(b) We do not query the D'rashah "ha'Karov".
How do we know that a son is considered a closer relative than a father?

Answers to questions

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