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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 152


(a) Rav and Shmuel argue over a Matnas Shechiv-Mera that contains a Kinyan. What do Amri bei Rav mi'Sh'meih de'Rav mean when they say 'Arkeveih a'T'rei Richshi'?

(b) In what way is it ..

  1. ... a Matnas Bari?
  2. ... a Matnas Shechiv-Mera?
(c) What is the literal meaning of 'Arkeveih a'T'rei Richshi'?

(d) And what does Shmuel mean when he says 'Lo Yada'na Mai Adun Bah'? What is the problem, assuming that ...

  1. ... there is a Sh'tar?
  2. ... there is no Sh'tar?
(a) We know that they are referring to a 'Matnas Shechiv-Mera be'Kulo' and not 'be'Miktzaso' because otherwise they should have specifically said so, and because our Mishnah rules 'Matnas Shechiv-Mera be'Miktzas, Matanaso Matanah' (with or without a Kinyan), so why does Shmuel have a Safek? What other two proofs do we have for this?

(b) Would it make any difference if the Kinyan was not written in the Sh'tar?

(c) We query the opinions of both Rav and Shmuel from another ruling of theirs, where Ravin Amar Rebbi Avahu quotes Rebbi Elazar.
What did Rebbi Elazar send to the Golah in the name of Rav, regarding a Shechiv-Mera who said 'Kisvu u'Tenu Manah li'Peloni' and then died?

(d) And what does Shmuel rule there?

(a) To reconcile Rav's two rulings, we draw a distinction between where they made a Kinyan and where they did not.
What does this mean?

(b) And how do we resolve the discrepancy in Shmuel? How do we establish his latter ruling to ensure that the Kinyan takes effect immediately?

(c) Rava asked on Shmuel from another statement of his. With Rav Nachman bar Yitzchak sitting behind him, in front of whom was Rava sitting when he asked the Kashya?

(d) What did Rav Yehudah Amar Shmuel said about a Shechiv-Mera who wrote all his property out to someone, even assuming he made a Kinyan, too)?

(a) What did Rav Nachman reply? How did he resolve the discrepancy in Shmuel?

(b) How come that Rav Nachman bar Yitzchak needed to ask Rava to explain Rav Nachman's answer? Why could he not understand it himself?

(c) What did Rav Nachman hint?

(d) How does Rav Chisda explain 'Meyapeh es Kocho'?

Answers to questions



(a) When Rav Dimi arrived from Eretz Yisrael, what did he say concerning a Shechiv-Mera who wrote out all his property, first to Reuven and then to Shimon, without handing them the Sh'tar?

(b) Why is a Matnas Shechiv-Mera called a 'Daytiki'? What is it an acronym of?

(c) If he did hand them the Sh'tar, according to Rav, Reuven acquires the property.
What does Shmuel say?

(d) What is the basis of their Machlokes?

(a) We ask on this, that they have already argued over this point before.
What are we referring to?

(b) Had they not presented their Machlokes ...

  1. ... here too, why might we have thought that Rav will agree with Shmuel?
  2. ... there too, why might we have thought that Shmuel will agree with Rav?
(c) And how do we reconcile Shmuel, who holds in the first case 'Lo Yada'na Mai Adun Bah', with his own ruling here 'Sheini Kanah'?
(a) The above is the version as it was learned in Sura. In the Pumbedisian version, Rav Yirmiyah bar Aba cited a She'eilah that Bei Rav sent to Shmuel. What did Shmuel reply, when they asked him about a Shechiv-Mera who wrote all his property to others with a Kinyan?

(b) This principle certainly pertains to a Shechiv-Mera who gave his property to Reuven and who now wants to give it to Shimon.
What did Rav Huna from Kufri say about where the Shechiv-Mera recovers and wants to retrieve the property himself?

(a) On what grounds do we reject the proposal that the Pumbedisian version comes to amend Shmuel's earlier statement 'Matnas Shechiv-Mera she'Kasuv Bah Kinyan, Lo Yada'na Mai Adun Bah'?

(b) Then which statement of Shmuel's *does* it come to amend?

(c) Then what exactly, is the case?

Answers to questions

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