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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 153

BAVA BASRA 153 (12 Elul) - sponsored with warm Mazel Tov blessings on the occasion of the wedding of Avi and Estie Turkel. May they merit to build together a Bayis Ne'eman b'Yisrael that will be a pride to their dear parents and to all of Klal Yisrael!

1) A Shechiv-Mera who recovered came before Rav Huna, to reclaim his property.
What did Rav Huna mean when he told him that he had not given away his property in the conventional manner?


(a) In a case where someone wrote 'be'Chayai u've'Mosi', Rav considered it to be a Matnas Shechiv-Mera (and permitted the benefactor to retract). Then why did he insert 'be'Chayai'?

(b) Shmuel says 'Harei Hi ke'Matnas Bari'.
Then why did the Shechiv-Mera add the words 'le'Achar Miysah'?

(c) Why does Shmuel not have a doubt like he does in the case of 'Matnas Shechiv-Mera she'Kasuv Bah Kinyan'?

(d) How do we know that the current case is one of a Matnas Shechiv-Mera, and not of a Matnas Bari?

(a) In all the previous cases, we rule like Shmuel.
How do the Neherda'i rule in this case?

(b) What does Rava say about a case where the Shechiv-Mera wrote, not 'be'Chayai', but 'me'Chayai'?

(c) What ruling does Ameimar issue in this regard?

(d) What did Ameimar reply when Rav Ashi remarked that his ruling was obvious, bearing in mind the Neherdai's previous statement?

4) A Shechiv-Mera who wrote in the Sh'tar 'be'Chayim (or me'Chayim) u've'Ma'ves' recovered and came before Rav Nachman in Neherda'a.
Why did Rav Nachman send him to Rebbi Yirmiyah bar Aba in Shum Tamya?


(a) How did a woman who had written her Matnas Shechiv-Mera 'me'Chayim u'le'Achar Miysah' react, when Rava followed his previous ruling and placed her property in the Reshus of the benefiary?

(b) What instructions did Rava then issue his Sofer, Rav Papa B'rei de'Rav Chanan? What did he mean with the words 'Socher Aleihen O Mata'an'?

(c) How did the woman react to that?

(d) What did Rava do try and circumvent her curse? Did he succeed?

(a) How would one normally know that a Sh'tar Matnas Shechiv-Mera was actually written by a Shechiv-Mera?

(b) If the Sh'tar contained no such indication, Rebbi Meir maintains that the onus lies on the Shechiv-Mera to prove that he was indeed a Shechiv-Mera.
Why is that?

(c) What do the Chachamim say?

Answers to questions



(a) What would they customarily write in a Matnas Shechiv-Mera, besides the fact that he was indeed sick and bedridden?

(b) What would be the problem in a case where this was not done?

(c) When such a case occurred, Rabah ruled 'Harei Meis, ve'Harei Kivro Mochi'ach Alav'.
What did he mean by that?

(a) What does the Mishnah in Gitin mean when, in a case of a sinking ship, it rules 'Nosnin Alav ...
  1. ... Chumrei Chayim'?
  2. ... Chumrei Meisim?
(b) What basic principle distinguishes between a man whose ship sank and that of a Shechiv-Mera?

(c) What Kashya does this distinction prompt Abaye to ask on Rabah's previous ruling?

(a) What is the Tana asking when the Beraisa asks 'Mi Motzi mi'Yad Mi'?

(b) Rebbi Ya'akov rules that *he* always takes from *them* and not vice-versa.
Why is that?

(c) What does Rebbi Nasan say?

(d) How does the Machlokes between Rabah and Abaye that we just cited conform with this Machlokes?

(a) We rule that 'Safek Tum'ah bi'Reshus ha'Yachid', Tamei, bi'Reshus ha'Rabim', Tahor'. With regard to Shabbos, a Bik'ah always has the Din of a Reshus ha'Yachid.
What is 'a Bik'ah'?

(b) What Din with regard to Tum'ah, does it have ...

  1. ... in the summer?
  2. ... in the winter?
(c) What is the reason for this distinction?
(a) What does Rebbi Elazar mean when he says 'u'le'Inyan Tum'ah ke'Machlokes'? Which Chazakah replaces the Chezkas Mamon?

(b) The Safek here is whether the person entered the Bik'ah in the summer or in the winter.
What is now the Machlokes between Rebbi Nasan and Rebbi Ya'akov?

(a) What does Rava mean when he qualifies Rebbi Elazar's statement to when no winter passed from the time that the valley was fenced?

(b) What is the basis of Rava's statement?

(c) On what grounds do we refute the text 've'Amar Rava', in which case Rebbi Elazar's statement is based on that of Rava?

(a) How does Rabeinu Chananel explain Rava's statement in view of that of Rebbi Elazar?

(b) In which other point does Rabeinu Chananel explain Rava differently than we did before?

Answers to questions

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