(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Bava Basra 130


(a) On what grounds does our Mishnah rule in a case where someone says 'Ish P'loni Yirshani' when he has a daughter, or 'Biti Tirshani' when he has a son 'Lo Amar K'lum'?

(b) What does Rebbi Yochanan ben Berokah say?

(c) What can we extrapolate from the words of the Tana Kama?

(d) What problem do we have with this from the Seifa of the Mishnah?

(a) We object to the answer that when Rebbi Yochanan ben Berokah says 'Ra'uy le'Yorsho', he means 'Acher' (Ach) be'Makom Bas' and 'Bas be'Makom Bein', on the basis of a Beraisa.
What does Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah comment there with regard to the Machlokes between his father and the Chachamim?

(b) How do we initially establish the Machlokes in our Mishnah, in view of Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah?

(c) We could explain that in the previous Mishnah, the Tana presents the case of Ben Bein ha'Banim, and in this Mishnah, that of Acher be'Makom Bas ... , in keeping with the principle 'Zu ve'Ein Tzrich Lomar Zu'.
Which is an alternative (and better) way of explaining it?

(d) What will Rebbi Yochanan ben Berokah rule in a case where someone bequeaths his property to his uncle, there where he has a daughter and a brother?

3) How is it possible to establish our Mishnah, even on the assumption that the Rabbanan do not argue with Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah's interpretation of the Machlokes?


(a) Rav Yehudah Amar Shmuel rules like Rebbi Yochanan ben Berokah. What does Rava say?

(b) Is this ruling confined to Ben Bein ha'Banim, or does it extend to Bas be'Makom Ben?

(c) Does it make any difference whether a man bequeaths half his property to one of his sons ...

  1. ... or all of it?
  2. ... orally or in writing?
(d) How do we reconcile this ruling with Shmuel, who will rule later, that someone who writes all his property to his wife or to one of his sons, he merely appoints them as an Apotropus? Why the difference?
(a) What does Rava learn from the Pasuk "ve'Hayah be'Yom Hanchilo es Banav"?

(b) Abaye queries Rava, because he learns it from the Pasuk "Lo Yuchal Le'vaker".
How does he learn Rebbi Yochanan ben Berokah's Din from there?

(a) Rava answers by quoting a Beraisa.
What does Aba Chanan Mishum Rebbi Eliezer learn from "Lo Yuchal Le'vaker"? What would we have otherwise learned from "va'Hayah be'Yom Hanchilo es Banav"?

(b) Why would we have thought otherwise? What would we have learned from "va'Hayah be'Yom Hanchilo es Banav"?

(c) Which 'Kal va'Chomer' are we talking about?

(d) How have we now refuted Abaye's Kashya?

Answers to questions



(a) Now that the Torah has written "Lo Yuchal Le'vaker" the Beraisa asks, why does it need to add "ve'Hayah be'Yom Hanchilo es Banav"?
What is the Kashya?

(b) What does the Tana answer?

(a) Rebbi Z'rika ... Amar Rebbi, Halachah ke'Rebbi Yochanan ben Berokah.
What does Rebbi Aba comment on this?

(b) What is the basis of their Machlokes?

(c) The Beraisa says 'Ein Lemeidin Halachah Lo mi'Pi Limud ve'Lo mi'Pi Ma'aseh', incorporating the two cases that we just discussed.
On what sort of ruling can one then rely?

(d) The Beraisa actually states two cases 'Ad she'Yomru Lo Halachah le'Ma'aseh; Sha'al ve'Amru Lo Halachah le'Ma'aseh, Yeilech ve'Ya'aseh Ma'aseh'.
What is the difference between them?

(a) What is the difference between 'Halachah' in a Mishnah or Beraisa (which we have basically been discussing until now), and 'Halachah' in the Gemara?

(b) What is the reason for this distinction?

(c) What did Rebbi Yochanan reply when Rebbi Asi asked him whether they could learn from his theoretical rulings?

(d) Why would this fall away after his death?

(a) When the Tana then continues 'u'Vilevad she'Lo Yedameh', why can he not be generalizing?

(b) To which area of Halachah does Rav Ashi therefore ascribe it?

(c) What reason does the Beraisa give for this?

(a) What did Rava instruct Rav Papa and Rav Huna B'rei de'Rav Yehoshua to do in the event that they found an error in a ruling of his ...
  1. ... during his lifetime? Why?
  2. ... after his death? Why?
(b) What sort of ruling was he referring to? How come that it was in writing?

(c) Why, when Rebbi changed his ruling from the night to the morning, did he exclaim that *maybe* he had erred? Why was it not *obvious* that he had?

(d) What do we learn from the Pasuk in Divrei Hayamim "ve'Imachem bi'Devar ha'Mishpat"?

Answers to questions

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,