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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 9


(a) If Reuven sells a field to Shimon without Acharayus, and someone claims that it is his, Shimon may retract, according to Abaye, as long as he has not made a Chazakah.
What is considered a Chazakah in this regard (see Tosfos DH 'mi'Shehichzik')?

(b) Why can he no longer retract, once he has made a Chazakah? What is a 'Kitri de'Chaysa'?

(c) How will the Din differ Shimon purchased the field with Acharayus?

(d) Others disagree.
On what grounds do they hold that even then, he cannot retract once he has made a Chazakah?

(a) Which problem is Rav Huna coming to resolve, when he says 'O Kesef O Meitav'?

(b) According to Rav Huna, is the Mazik permitted to pay oats?

(c) If "Yeshiva" 'Learns Shaveh Kesef, Afilu Subbing' speaks specifically when he has no money and no Karka, why do we need a Beraisa to teach us this? What alternative might he have?

(a) Rav Asi says 'Kesafim, Harei Hein ke'Karka'.
On what grounds do we initially decline to explain this with regard to Meitav?

(b) So we try to establish it by two brothers who divided their father's property (one the Karka, and one, the Metaltelin).
What will Rav Asi then be teaching us with regard to their father's creditor who claimed a field from the son with the Karka?

(c) There are two versions of the reason for refuting this explanation. One of them is because it is obvious.
Why is it obvious?

(d) What is the second version?

(a) So we try to establish Rav Asi where the two brothers divided their father's Karka, and the creditor claimed from one of them (this will be explained shortly).
On what grounds do we reject this interpretation of Rav Asi's statement?

(b) What does Rav mean when he says in the same case, 'Batlah Machlokes'?

(c) What does Shmuel say?

(a) Why does ...
  1. ... Rav say 'Batlah Machlokes'?
  2. ... Shmuel say "Viter'?
(b) What does Rav Asi mean when he says 'Notel Revi'a be'Karka u'Revi'a be'Ma'os' ...
  1. ... according to Rashi's first explanation?
  2. ... according to Rashi's second explanation?
(c) Which principle governs his ruling?

(d) So how do we finally amend the text of Rav Asi's first statement ('Kesafim Harei Hein ke'Karka')?

(a) On what grounds do we refute the suggestion that, when Rav Asi Amar Rebbi Zeira Amar Rav Huna says 'be'Mitzvah ad Shelish', he means that a person is obligated to spend as much as a third of his money to buy a Lulav, Tzitzis or a Sefer-Torah?

(b) So what *does* he mean?

(c) Rav Ashi asked 'Sh'lish mi'Legav O Sh'lish mi'Lebar'.
What did he mean by ...

  1. ... 'Sh'lish mi'Legav'?
  2. ... 'Sh'lish mi'Lebar"?
(d) What did they add in Eretz Yisrael in the name of Rebbi Zeira?
Answers to questions



(a) What does the Tana of our Mishnah mean when he says ...
  1. ... 'Kol she'Chavti bi'Shemiraso, Hechsharti es Nizko'?
  2. ... 'Hechsharti be'Miktzas Nizko, Chavti be'Tashlumei Nizko ke'Hechsher Kol Nizko'.
(b) Is one obligated to pay for damaging property that belongs to ...
  1. ... Hekdesh?
  2. ... Nochrim?
(c) One is also only obligated to pay for damages to 'Nechasim ha'Meyuchadim'.
What are 'Nechasim ha'Meyuchadim?

(d) Why is the Mazik exempt from paying if the damage occurred in his own domain?

(a) What does the Seifa of our Mishnah 'u'che'Shehizik, Chav ha'Mazik Leshalem Tashlumei Nezek be'Meitav ha'Aretz' come to include (according to Shmuel)?

(b) 'Kol she'Chavti bi'Shemiraso ... ' comes to include the case of Shor and Bor that one handed to a 'Chashu' to look after.
What does the Beraisa say about handing Eish to a 'Chashu'? What is a 'Chashu'?

(c) Why are we reluctant to establish the Reisha of this Beraisa by ...

  1. ... a tied ox and a covered pit?
  2. ... an untied ox and an uncovered pit? What does Resh Lakish in the name of Chizkiyah say about someone who hands a 'Chashu' a burning flame?
(d) Consequently, according to Resh Lakish, we have to establish the Beraisa by a tied ox and a covered pit.
What is then the difference between them and an un-fanned coal?
(a) What does Rebbi Yochanan say about someone who hands a 'Chashu' a burning flame?

(b) And what is the difference between it and an untied ox or an uncovered pit?

(c) What does 'Tzavsa de'Cheresh ka'Garim' mean?

(a) Shor has four Chumros over Bor. If it killed a man it becomes Asur be'Hana'ah (after the Beis-Din have sentenced it to death) and its way is to damage whilst it is moving.
What are the other two (Halachic) Chumros?

(b) What are the two Chumros of Bor over Shor?

Answers to questions

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