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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 144


(a) What did Rav Safra do with the equivalent of his share of the money which his father left him and his brothers?

(b) What did Rava rule when Rav Safra's brothers claimed a share in the profits?

(c) What is the basis for this ruling?

(d) Seeing as he invested the money, why was it not considered 'Machmas Atzman', in which case, according to Rava, he was entitled to take all the profits anyway?

(a) Our Mishnah ascribed to a woman who improved the estate, the same Din as the older brothers in the Reisha.
Since when does a woman inherit together with the heirs?

(b) Could this even apply to a wife inheriting her husband?

(c) In that case, why did the Tana find it necessary to mention it? Why might a woman be different than a man in this regard?

(a) What is then the problem with the Seifa 'Im Amrah Re'u Mah she'Hini'ach Li Ba'ali'?

(b) How does the Seifa then speak?

(c) Under which condition will her stipulation be effective?

(d) Why is the Seifa too, not then obvious? Why might we have thought otherwise?

(a) Rebbi Chanina rules that the oldest son acquires the room in which his father married him off, provided four conditions are met. Two of them, that he must be the oldest son and that he must have married a virgin.
What are the other two?

(b) In which case will the son not acquire the room even if all of the above conditions were met?

(a) We take for granted that the Kinyan does not extend to the attic that is situated above the one in which the son married (even though his father designated it for the marriage together with the room).
How about the sun-porch that adjoins it?

(b) On what basis do we ask about a second room within the first one? What will we then assume regarding the previous She'eilah?

(c) What is the conclusion to these She'eilos?

(a) We ask on Rebbi Chanina from a Beraisa.
What does the Tana there rule with regard to ...
  1. ... the household articles that were in the room which the father designated for the oldest son marriage?
  2. ... the room itself which he designated?
(b) Rebbi Yirmiyah reconciles the Beraisa with Rebbi Chanina, by establishing it when the father was still using it as a storehouse. According to the Neherda'i, it will suffice if he is still using it for his dovecotes.
What Rav Yehudah and Rav Papi say?

(c) When Mar Zutra married off his oldest son, he hung up a pair of shoes in the room, to prevent his son from taking possession of it.
What did Rav Ashi hang up in that room?

(a) The Halachah that we have just been discussing is one of three Halachos which Chazal decreed without Halachic justification.
Why did they institute it?

(b) The second is a statement by Rav Yehudah Amar Shmuel, and the third, a statement of Rav (or Rav Huna Amar Rav).
What did ...

  1. ... Rav Yehudah Amar Shmuel say about someone who writes all his property to his wife?
  2. ... Rav (or Rav Huna Amar Rav) say about 'Ma'amad Sheloshtan'?
(c) Chazal instituted the second Halachah (concerning someone who gives all his property to his wife), to the fact that we are witnesses ('Anan Sahadi') that a man would not negate the Torah-institution of Yerushah.
Why did they institute the third Halachah (concerning 'Ma'amad Sheloshtan')?
Answers to questions



(a) What does our Mishnah mean when it says 'ha'Achin ha'Shutfin she'Nafal Echad Meihen le'Umnus, Nafal le'Emtza'?

(b) What is the reason for this?

(c) Would the Din be the same with regard to any other job, trade or profession that he obtained personally?

(d) Who pays the medical expenses in the event that one of the brothers falls ill?

(a) And what does the Beraisa say about one of the brothers who was appointed a Gabai or a Pulmustus?

(b) What might 'Pulmustus' mean besides a policeman?

(c) Why is this not obvious?

(a) What does the Beraisa say about one of the brothers who took two hundred Zuz from the kitty (this is incidental to the case) to go and study Torah or to learn a trade? What can they say to him should he then come and claim Mezonos?

(b) One may have thought that his location would not make any difference, and that they should give him Mezonos wherever he resides. The reason that they do not is based on a statement of Rav Huna.
What did Rav Huna say about the blessing of the house?

(c) Then why don't they at least give him Mezonos proportionately (deducting the assessed loss caused by his absence)?

(a) We learned in our Mishnah that if one of the brothers becomes ill, the medical expenses must come out of his own pocket. Ravin in the name of Rebbi Ila'i qualifies this ruling, citing Rebbi Chanina.
What does Rebbi Chanina say about 'Tzinim Pachim'?

(b) What does the Pasuk mean?

(c) How will this now affect our Mishnah?

(a) What is 'Shushbinus'?

(b) What does our Mishnah say about a case where a father sent one of the siblings on Shushbinus to a friend's wedding?

(c) What does the Tana mean when he says 'she'ha'Shushbinus Nigvis be'Veis-Din'?

(d) The Tana concludes that if Reuven sends Shimon gifts, this is merely an act of kindness and does not warrant repayment.
Does this apply even if he sent the gifts on the occasion of Shimon's wedding?

(a) What does the Beraisa say about one of the siblings whose father had sent him on Shushbinus to a friend's wedding before he died?

(b) What does the Tana mean when he says 'Nishtalchah le'Aviv Shushbinus, ke'she'Hi Chozeres, Chozeres min ha'Emtza'?

(c) How does Rebbi Asi Amar Rebbi Yochanan establish our Mishnah ('Chazrah le'Emtza'), to reconcile it with the Beraisa?

(d) How will we then explain the wording of the Mishnah ...

  1. ... 'ha'Achin she'Asu *Miktzasan* ... '?
  2. ... 'ke'she'Chazrah Shushbinus, Chazrah *le'Emtza*'?
(a) Rebbi Asi himself (or Rav Asi) leaves our Mishnah intact.
Then how does he establish our Mishnah and the Beraisa to resolve the discrepancy?

(b) According to Shmuel, the Shushbinus always goes to the son whom the father sent. What does he mean when, in order to resolve the discrepancy, he establishes our Mishnah by a Yavam? What is then the case?

(c) How does that explain our Mishnah? Why does the Yavam not inherit his brother's rights in the Shushbinus?

(a) What does another Beraisa say about a woman returning the money of Kidushin, in the event that one of them dies?

(b) How does Rav Yosef bar Aba Amar Mar Ukva Amar Shmuel qualify this ruling? When will it not apply?

(c) In that case, why is the Shushbin in our Mishnah obligated to fulfill his Shushbinus (to the brothers of the deceased Shushbin)? Why can he too, not say 'Give me my Shushbin, and I will gladly repay him!'?

Answers to questions

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