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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 131

BAVA BASRA 131 - sponsored by Mr. and Mrs. Avi Berger of Queens, NY. Despite the passage of time, let us not forget the tragic deaths of Mordechai Refael and Tzirel Schivschuurder and their three youngest children, Hashem Yikom Damam, in the Sbarro bombing last year. May the father of all orphans give strength to the remaining children to continue in their parents ways. Mazel Tov to the two sons who have since found spouses. May Hashem protect them from all harm as well as the third brother, who insisted on joining an active combat unit in the army, and the younger sisters.


(a) Rava asked whether Rebbi Yochanan ben Berokah is confined to a Shechiv-Mera, or whether it also extends to a Bari.
Why should there be a difference?

(b) What is 'Kesuvas B'nin Dichrin'?

(c) What does the Mishnah in Kesuvos say about a case where Kesuvas B'nin Dichrin was omitted from the Kesuvah? Will the wife's sons then not receive it?

(d) How did Rebbi Nasan extrapolate from that Mishnah that Rebbi learned his Mishnah like Rebbi Yochanan ben Berokah?

(a) Rebbi answered 'Yasvun' T'nan'.
How did that answer the Kashya?

(b) He retracted however, on the basis of a ruling that the sons are not permitted to claim 'K'suvas B'nin Dichrin from Meshubadin'.
How did he express his retraction?

(c) Why would that ruling render his amendment problematic?

(d) So what is now the problem?

3) How have we now resolved Rava's She'eilah (whether Rebbi Yochanan ben Berokah incorporates a Bari, too) or not?


(a) Rav Papa pointed out to Abaye that irrespective of the wording, there is another problem with the entire institution of Kesuvas B'nin Dichrin.
What is it?

(b) Why can we not circumvent it by establishing the Mishnah like Rebbi Meir, who holds 'Adam Makneh Davar she'Lo Ba le'Olam'?

(c) How does Rav Papa now answer both Kashyos with one swoop?

(a) How did Abaye initially attempt to justify Rebbi's ...
  1. ... reply to Rebbi Nasan?
  2. ... retraction?
(b) He changed his mind however, by quoting the Seifa of the Mishnah. Which Takanah is the Tana referring to when he writes there 'Lo Kasav Lah B'nan Nukvan di'Yehavyan Lichi Mina'i Yehavyan Yasvan be'Veisi ad de'Tilakchun le'Guvrin'?

(c) What can we now learn from there that obviates the need to answer Rebbi Nasan at all?

(d) But did we not conclude earlier that when the Yerushah and the Matanah involve two people they require 'Toch K'dei Dibur'?

Answers to questions



(a) Rav Nechumi (or Rav Chananyah bar Minyumi) queried Abaye on his previous assumption that the two cases in the Mishnah in Kesuvos constitute 'Toch K'dei Dibur'.
What did he ask him?

(b) From where did Rebbi Elazar ben Azaryah in the Mishnah in Kesuvos, learn that a daughter's rights to Mezonos only take effect after her father's death?

(c) What did Abaye try to prove from there?

(d) How do we reject Abaye's proof?

(a) So what have we now achieved?

(b) Does this affect our proof that Rebbi Yochanan ben Berokah's ruling extends to a Bari?

(a) What does Rav Yehudah Amar Shmuel say about a case where someone writes all his property to his wife?

(b) Are we speaking about a Bari or a Shechiv-Mera?

(c) What prompted Chazal to initiate this Takanah?

(d) On what grounds will we nevertheless later classify this as one of the three Halachos without a logical reason?

(a) Why is this Halachah cited here?

(b) It is obvious that Shmuel's Takanah extends to one's oldest son, though we are not sure whether it also extends to a younger son.
What is the reason for the possible distinction between the two?

(c) We resolve the She'eilah by citing Rav Chanila'i bar Idi Amar Shmuel.
What does he say?

(a) What do we mean by 'Peshita B'no ve'Acher, Acher be'Matanah, u'Beno Apotropus'?

(b) On what grounds do we initially refute the suggestion that it speaks in one case, where a man writes half his property to his son and half to someone else?

(c) How could we resolve this problem?

(d) Yet we insist on rejecting that explanation.

(a) Why do we erase the text 'Ishto ve'Acher, le'Acher be'Matanah, ve'Ishto Apotropus'?

(b) Why does Shmuel concede that 'Ishto Arusah ve'Ishto Gerushah, be'Matanah'?

(c) What would Shmuel hold in a case where a Shechiv-Mera left everything to his son if he also left behind ...

  1. ... a wife but no other sons?
  2. ... a wife and sons?
(a) We already issued a ruling in the case of a betrothed woman and a divorced wife, and we now ask what the Din will be if a Shechiv-Mera leaves all his property to one of three women; two of them, a daughter when there are sons (her brothers), and a daughter when there are brothers (her uncles).
What is the third She'eilah?

(b) What is the basis of these She'eilos?

(c) Ravina states that all the above five women *do not acquire* except for a betrothed woman and a divorced wife.
Which are the only two that *do*, according to Rav Ivya in the name of Rava?

(d) Over which sole case do they argue?

Answers to questions

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