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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 135


(a) What did that Shechiv-Mera (who had brothers but, as far as was known, no sons) mean when they asked him about his wife he replied that she was fit to marry a Kohen Gadol? Was that correct?

(b) Why could we not interpret his words to mean that he had sons, and believe him on the grounds of 'Ho'il' (that he could give his wife a Get) in which case she would indeed be permitted to marry at least a Kohen Hedyot?

(c) What did Rabah want to rule there?

(d) On what grounds did Abaye query this ruling, in spite of the outcome of the previous Sugya, reconciling the two rulings of Rebbi Yochanan with 'Ka'an Lemafre'a, *Ka'an Lehaba*'?

2) What did Rava instruct Rav Nasan bar Ami, as a final ruling on this issue?


(a) What snag did Abaye discover in the case of the Shechiv-Mera who corroborated the existing Chazakah that he had no brothers, and whom Rav Yosef therefore wanted to permit to marry?

(b) What did Rav Yosef counter when Abaye queried his ruling on these grounds?

(c) And he tried to prove his point from a ruling of Rebbi Chanina.
What was Rebbi Chanina referring to when he said 'Eidim be'Tzad Estan ve'Te'aser'? What does 'be'Tzad Estan' mean?

(a) Once again, Rava instructed Rav Nasan bar Ami to take Abaye's ruling into account.
On what grounds did Abaye object, this time to *Rav Yosef*'s ruling?

(b) What is the basis for the leniency by a captive? From which Halachic ruling do we learn it?

(a) We learned in our Mishnah, 'Zeh Achi, Eino Ne'eman'.
Why can the Tana not be speaking when the other brothers ...
  1. ... concede that he is their brother?
  2. ... deny that he is their brother?
(b) Then how *is* the Tana speaking?

(c) There is a Machlokes in Bava Kama regarding 'Manah Li be'Yadcha ve'ha'Lah Omer Eini Yode'a'.
How does Rabah now attempt to resolve this Machlokes from the case of 'Zeh Achi'.

(d) But Abaye refutes this proof.
What does he mean when he says 'Sha'ani Hacha, de'ke'Manah le'Acher be'Yadcha Dami'?

Answers to questions



(a) Rava asked 'Sh'vach she'Shavchu me'Eleihem Mahu'?
What did he mean by 'Sh'vach she'Shavchu Me'eleihem'?

(b) What was his She'eilah?

(c) 'Sh'vach ha'Magi'a li'Kesafim' he added, is not a She'eilah.
What is 'Sh'vach ha'Magi'a li'Kesafim'?

(d) Why is it not a She'eilah?

(e) What is the outcome of the She'eilah?

(a) On what grounds does our Mishnah rule that if a Shechiv-Mera dies and a Daytiki is found tied to his body, it is invalid? What is a 'Daytiki'?

(b) Why does the Tana need to add that the Daytiki was tied to his body?

(c) What does the Mishnah say in a case where, before he died, the Shechiv-Mera specifically declared that he was leaving the contents of the Sh'tar to so-and-so? Does it make any difference whether so-and-so is an heir or a stranger?

(d) What is 'Daytiki' the acronym of?

(a) What basic difference does the Tana of the Beraisa present to describe the difference between a Daytiki and a Matnas Bari? How do we know when a gift is of the latter category and not the former?

(b) We ask why the Tana then presents a case of 'me'Hayom u'le'Achar Miysah' and not 'me'Achshav' (which is even a stronger Matanah).
What does Abaye answer?

(c) Why is a Matnas Bari that is meant to take place after death, but that does not contain one of these two clauses, not valid?

(d) What advantage does a Matnas Bari that contains the clause 'me'Hayom u'le'Achar Miysah' nevertheless have over a Matnas Shechiv-Mera?

(a) Sitting in the sun-porch of Bei Rav, Rabah bar Rav Huna in the name of Rebbi Yochanan ruled that if a Shechiv-Mera left instructions to document a gift and to give the gift to so-and-so, Beis-Din should not comply with his instructions.
Why not?

(b) Does it make any difference whether he said 'Kisvu u'Tenu' or 'Tenu ve'Kisvu'?

(a) According to one version, Rebbi Elazar upheld Rebbi Yochanan's ruling (instructing the Talmidim to take it seriously).
What is Rav Shizbi's version of this episode? Who were the key players, according to him?

(b) On what logical grounds did Rav Nachman bar Yitzchak prefer Rav Shizbi's version?

(c) In any event, Ravin, quoting Rebbi Avahu sent from Eretz Yisrael that *Rebbi Elazar* had sent this ruling to the Golah.
In whose name did he send it?

(d) What did Rebbi Yochanan mean when he commented on Rebbi Elazar's ruling 'Tibadek'? Was he coming to argue with him?

(a) When Rav Dimi arrived from Eretz Yisrael, he taught two Halachos.
What did he mean when he said 'Dayteki Mevateles Daytiki'?

(b) What is the reason for this?

(c) In which case will he not be able to retract from the first gift?

(a) What else did Rav Dimi say (about a Shechiv-Mera who said 'Kisvu u'Tenu Manah li'Peloni')? What criterion did he give for Beis-Din to follow his instructions?

(b) And that is how Rebbi Aba bar Mamal interprets the inference from the (forthcoming) Beraisa too.
What does the Tana there say about a *Bari* who said 'Kisvu u'Tenu Manah li'Peloni', and died?

(c) To explain 'Meyapeh es Kocho', we cite Rav Chisda.
What does Rav Chisda say in a case where, although the Shechiv-Mera inserted Kinyan in the Daytiki, Rav Yehudah Amar Shmuel validated the gift in the event that he died? How does he establish the case?

(d) How do we now apply this to Meyapeh es Kocho (that Rebbi Yochanan and the Beraisa say acquires)?

(a) What is Rav Yehudah Amar Shmuel's final ruling in this matter?

(b) What does Rava Amar Rav Nachman say?

Answers to questions

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