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Bava Batra 156

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Summary

This week’s learning is sponsored by my parents, Paula and Robert Cohen, in loving memory of my grandmother, Sonja Waschitz, Sara bat Yitzchak z”l, on her third yahrzeit. My grandmother was always optimistic, despite the many challenges she endured, beginning with leaving her parents behind in Vienna to forge a new life in America at age 14 in 1939. She continues to serve as a role model for our entire family.

Ameimar ruled that children not old enough to sell their inheritance could give it away as a gift. After being questioned by Rav Ashi, he explains the logic behind his ruling by differentiating between a sale and a gift.

Rav Nachman brings in the name of Shmuel a list of cases where one must check if the person has signs of maturity to see if the action was valid. The Gemara analyzes why he brought each of the cases.

The Mishna bring the opinion of Rabbi Elazar that one on one’s deathbed cannot pass on possessions through words but must do an actual kinyan, act of acquisition. A debate between him and the rabbis regarding a few cases is brought – each one explains the cases in a way that supports their position.

The Mishna explains a debate between Rabbi Eliezer and Rabbi Yehoshua regarding the differences between whether an act of acquisition is not needed only on Shabbat or is not needed at all. The logic of their positions matches the logic of their argument regarding the concept of zakhin l’adam shelo b’fanav as applying only for a minor or everyone else as well.

Bava Batra 156

וּלְטַעְמָיךְ, זַבֵּין שָׁוֵי חַמְשָׁא – בְּשִׁיתָּא, הָכִי נָמֵי דִּזְבִינֵיהּ זְבִינֵי?!

And according to your reasoning, that the money he receives in exchange for the property is a reason one could consider his sale valid, if he sold property worth five dinars for six dinars, would his sale also be a valid sale?

אֶלָּא קִים לְהוּ לְרַבָּנַן דְּיָנוֹקָא מְקָרְבָא דַּעְתֵּיהּ גַּבֵּי זוּזֵי; וְאִי אָמְרַתְּ זְבִינֵיהּ זְבִינֵי, זִמְנִין דִּמְקַרְקְשִׁי לֵיהּ זוּזֵי, אָזֵיל מְזַבֵּין לְכוּלְּהוּ נִכְסֵי דַּאֲבוּהּ. אֲבָל גַּבֵּי מַתָּנָה, אִי לָאו דַּהֲוָה לֵיהּ הֲנָאָה מִינֵּיהּ – לָא הֲוָה יָהֵיב לֵיהּ מַתָּנָה; אֲמַרוּ רַבָּנַן: תֶּיהְוֵי מַתְּנָתוֹ מַתָּנָה, דְּלִעְבְּידוּ לְהוּ מִילֵּי.

Rather, the Sages maintain that a child’s inclination is to be attracted to money. And if you say that his sale is a valid sale, there may be times that there are potential buyers who rattle the dinars before him in order to tempt him to sell, and he will go and sell all of his father’s property. That is why the Sages ruled that all of his sales are not valid. But with regard to a gift, if he did not derive benefit from the recipient, he would not give him a gift. The Sages therefore said: Let the gift of an orphan be a valid gift, so that people will perform beneficial matters for the orphans, as the orphan can reciprocate by giving gifts.

אָמַר רַב נַחְמָן אָמַר שְׁמוּאֵל: בּוֹדְקִין לְקִדּוּשִׁין, לְגֵרוּשִׁין, וְלַחֲלִיצָה, וּלְמֵיאוּנִין. וְלִמְכּוֹר בְּנִכְסֵי אָבִיו – עַד שֶׁיְּהֵא בֶּן עֶשְׂרִים.

§ Rav Naḥman says that Shmuel says: Children who have reached the age of majority, i.e., a boy who is thirteen years old and a girl who is twelve years old, are examined for signs indicating puberty if it is necessary to determine their adulthood for the purpose of betrothal, for the purpose of divorce, for the purpose of ḥalitza, and for the purpose of stating a girl’s refusal to remain married. But in order to sell from the property that one inherited from his father, the seller must be older, and one cannot sell this property until the seller is twenty years old.

וְכֵיוָן דִּבְדַקְנָא לְקִדּוּשִׁין, לְגֵרוּשִׁין לְמָה לִי? לֹא נִצְרְכָא אֶלָּא לְיִבּוּם – דִּתְנַן: בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ – קְנָאָהּ. וְאֵין נוֹתֵן גֵּט עַד שֶׁיִּגְדַּל.

The Gemara asks: But once I examined the boy for the purpose of betrothal, why do I need to examine him again for the purpose of divorce? The Gemara answers: This is necessary only with regard to the levirate marriage of a minor, as we learned in a mishna (Nidda 45a): A boy who is nine years and one day old who engaged in intercourse with his yevama, i.e., his brother’s widow, acquired her as his wife by means of engaging in the act of intercourse. Although a minor cannot betroth a woman under ordinary circumstances, in the case of levirate marriage the act of intercourse of a nine-year-old with his yevama effects acquisition. But he cannot give her a bill of divorce until he reaches his majority. It is therefore necessary to examine him at the time of the divorce.

לַחֲלִיצָה – לְאַפּוֹקֵי מִדְּרַבִּי יוֹסֵי, דְּאָמַר: ״אִישׁ״ כָּתוּב בַּפָּרָשָׁה, אֲבָל אִשָּׁה – בֵּין גְּדוֹלָה וּבֵין קְטַנָּה; קָא מַשְׁמַע לַן דְּמַקְּשִׁינַן אִשָּׁה לְאִישׁ, דְּלָא כְּרַבִּי יוֹסֵי.

The Gemara explains why it is necessary to mention examining a boy for the purpose of ḥalitza: This is mentioned to the exclusion of that which Rabbi Yosei says, as Rabbi Yosei says: “Man,” i.e., an adult man, is written in the Torah passage with regard to ḥalitza, as the verse states: “And if the man does not wish to take his brother’s wife” (Deuteronomy 25:7). But a woman, whether she is an adult or a minor, can be released by ḥalitza, as the verse does not indicate her age. To counter this, Rav Naḥman teaches us that a woman is juxtaposed to a man in this passage, indicating that the yevama must also have reached adulthood, and the halakha is not in accordance with the opinion of Rabbi Yosei.

וּלְמֵיאוּנִין – לְאַפּוֹקֵי מִדְּרַבִּי יְהוּדָה, דְּאָמַר: עַד שֶׁיִּרְבֶּה שָׁחוֹר; קָא מַשְׁמַע לַן דְּלָא כְּרַבִּי יְהוּדָה.

The Gemara explains why it is necessary to mention examining a person for the purpose of stating her refusal. This is mentioned to the exclusion of that which Rabbi Yehuda says, as Rabbi Yehuda says that a girl whose mother or brother married her off while she was a minor can nullify her marriage by refusing to remain married, and she can state this refusal until she reaches complete maturity, i.e., when the area covered by black pubic hairs is greater than the skin of the genital area. Rav Naḥman therefore teaches us that the halakha is not in accordance with the opinion of Rabbi Yehuda, and once a girl has developed two pubic hairs she cannot state her refusal.

וְלִמְכּוֹר בְּנִכְסֵי אָבִיו עַד שֶׁיְּהֵא בֶּן עֶשְׂרִים – לְאַפּוֹקֵי מִמַּאן דְּאָמַר בֶּן שְׁמֹנֶה עֶשְׂרֵה.

Rav Naḥman states: But in order to sell from the property that one inherited from his father, the seller must be older, and he cannot sell the property until he is twenty years old. This is mentioned to the exclusion of the opinion of the one who says that the seller can be eighteen years old.

וְהִלְכְתָא: תּוֹךְ זְמַן, כְּלִפְנֵי זְמַן. וְהִלְכְתָא כְּגִידֵּל בַּר מְנַשֶּׁה.

The Gemara concludes: And the halakha is that with regard to the age when a minor can sell property inherited from his father, during the time, i.e., during his twentieth year, is considered as before the time when it is permitted, and he cannot sell until the end of his twentieth year. And the halakha is in accordance with the ruling that Rava sent to Giddel bar Menashe, that a child who has reached his majority and understands the nature of business negotiations can sell land.

וְהִלְכְתָא כְּמָר זוּטְרָא. וְהִלְכְתָא כְּאַמֵּימָר. וְהִלְכְתָא כְּרַב נַחְמָן אָמַר שְׁמוּאֵל – בְּכוּלְּהוּ.

The Gemara continues: And the halakha is in accordance with the statement of Mar Zutra, that one who is not fit to sell land is also not fit to bear witness with regard to land. And the halakha is in accordance with the statement of Ameimar, that an orphan under the age of twenty can bestow gifts from the property he inherited from his father. And the halakha is in accordance with the statement that Rav Naḥman says that Shmuel says with regard to all the matters that he mentioned.

מַתְנִי׳ הַמְחַלֵּק נְכָסָיו עַל פִּיו, רַבִּי אֶלְעָזָר אוֹמֵר: אֶחָד בָּרִיא וְאֶחָד מְסוּכָּן; נְכָסִים שֶׁיֵּשׁ לָהֶן אַחְרָיוּת – נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה, וְשֶׁאֵין לָהֶן אַחְרָיוּת – אֵין נִקְנִין אֶלָּא בִּמְשִׁיכָה.

MISHNA: With regard to one who divides his property between various recipients by means of verbal instruction, Rabbi Elazar says: Both in the case of one who is healthy and in the case of one who is dangerously ill, the halakha is as follows: Property that serves as a guarantee, i.e., land, is acquired by means of money, by a deed of transfer, or by taking possession of it. And that which does not serve as a guarantee, i.e., movable property, can be acquired only by pulling.

אָמְרוּ לוֹ: מַעֲשֶׂה בְּאִמָּן שֶׁל בְּנֵי רוֹכֵל שֶׁהָיְתָה חוֹלָה, וְאָמְרָה: ״תְּנוּ כְּבִינְתִּי לְבִתִּי, וְהִיא בִּשְׁנֵים עָשָׂר מָנֶה״, וּמֵתָה, וְקִיְּימוּ אֶת דְּבָרֶיהָ! אָמַר לָהֶן: בְּנֵי רוֹכֵל – תִּקְבְּרֵם אִמָּן.

The Rabbis said to Rabbi Elazar: There was an incident involving the mother of the sons of Rokhel, who was sick, and who said: My brooch shall be given to my daughter, and it is valued at twelve hundred dinars. And this woman subsequently died, and the Sages upheld her statement. This indicates that a person on his deathbed can gift property without an act of acquisition. Rabbi Elazar said to them: That case was different; the sons of Rokhel should be buried by their mother, i.e., he cursed them. It is not possible to bring a proof from this incident, as these sons were wicked people. Consequently, when ruling in this matter the Sages did not act in accordance with the halakha, but allowed the mother of the sons of Rokhel to give this valuable piece of jewelry to their sister without an act of acquisition having been performed.

גְּמָ׳ תַּנְיָא, אָמַר לָהֶן רַבִּי אֱלִיעֶזֶר לַחֲכָמִים: מַעֲשֶׂה בְּמָרוֹנִי אֶחָד שֶׁהָיָה בִּירוּשָׁלַיִם, וְהָיוּ לוֹ מִטַּלְטְלִין הַרְבֵּה וּבִיקֵּשׁ לִיתְּנָם בְּמַתָּנָה. אָמְרוּ לוֹ: אֵין לָהֶם תַּקָּנָה עַד שֶׁיַּקְנֶה עַל גַּב קַרְקַע.

GEMARA: It is taught in a baraita: Rabbi Eliezer said to the Rabbis: There was an incident involving a certain man of Meron who was in Jerusalem, and he had a lot of movable property. And he desired to give the movable property as gifts to various individuals, but they could not be acquired by pulling. The Rabbis said to him: There is no remedy for transferring the property unless he transfers the movable property by means of transferring the ownership of land.

הָלַךְ וְלָקַח בֵּית סֶלַע אֶחָד סָמוּךְ לִירוּשָׁלַיִם, וְאָמַר: צְפוֹנוֹ לִפְלוֹנִי, וְעִמּוֹ מֵאָה צֹאן וּמֵאָה חָבִיּוֹת; וּדְרוֹמוֹ לִפְלוֹנִי, וְעִמּוֹ מֵאָה צֹאן וּמֵאָה חָבִיּוֹת. וָמֵת, וְקִיְּימוּ חֲכָמִים אֶת דְּבָרָיו. אָמְרוּ לוֹ: מִשָּׁם רְאָיָה?! מָרוֹנִי בָּרִיא הָיָה.

He went and acquired one plot of rocky land adjacent to Jerusalem, and he said: I give the north part of this area to so-and-so, and with it one hundred sheep and one hundred barrels. And I give the south part of the area to so-and-so, and with it one hundred sheep and one hundred barrels. And he died, and the Sages upheld his statement. This indicates that a person on his deathbed cannot transfer property without an act of acquisition. The Rabbis said to Rabbi Eliezer: Do you bring proof from there? The man of Meron was healthy at the time. This was not the gift of a person on his deathbed, and it could not be acquired by verbal instruction.

אָמַר לָהֶן: בְּנֵי רוֹכֵל תִּקְבְּרֵם אִמָּן וְכוּ׳. מַאי טַעְמָא קָא לָיֵיט לְהוּ? אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְקַיְּימֵי קוֹצִים בַּכֶּרֶם הָיוּ, וְרַבִּי אֱלִיעֶזֶר לְטַעְמֵיהּ – דִּתְנַן: הַמְקַיֵּים קוֹצִים בַּכֶּרֶם, רַבִּי אֱלִיעֶזֶר אוֹמֵר: קִדֵּשׁ; וַחֲכָמִים אוֹמְרִים: לֹא קִדֵּשׁ, אֶלָּא דָּבָר שֶׁכָּמוֹהוּ מְקַיְּימִין.

§ The mishna teaches: Rabbi Elazar said to them: That case was different; the sons of Rokhel should be buried by their mother. The Gemara asks: What is the reason that he was cursing them? Rav Yehuda says that Shmuel says: They were maintaining thorns in a vineyard and did not uproot them, and Rabbi Eliezer conforms to his line of reasoning, as we learned in a mishna (Kilayim 5:8): With regard to one who maintains thorns in a vineyard, Rabbi Eliezer says: He has proscribed the vineyard, rendering it forbidden due to the prohibition against diverse kinds. And the Rabbis say: Only growing a matter, i.e., a crop, the like of which people usually maintain, proscribes a vineyard and renders it forbidden.

בִּשְׁלָמָא כַּרְכּוֹם, חֲזֵי; אֶלָּא קוֹצִים, לְמַאי חֲזֵי? אָמַר רַבִּי חֲנִינָא: מַאי טַעְמָא דְּרַבִּי אֱלִיעֶזֶר? שֶׁכֵּן בַּעֲרַבְיָא מְקַיְּימִין קוֹצִים בַּשָּׂדוֹת לִגְמַלֵּיהֶן.

The Gemara asks: Granted, if it were saffron that grew in the vineyard, it is useful for seasoning and other uses, and therefore it proscribes the vineyard. But with regard to thorns, for what are they useful? Rabbi Ḥanina said: What is the reasoning of Rabbi Eliezer? It is because in Arabia they maintain thorns in the fields for their camels. Rabbi Eliezer holds that since thorns are maintained in one place, they are considered useful everywhere.

אָמַר רַבִּי לֵוִי: קוֹנִין קִנְיָן מִשְּׁכִיב מְרַע, אֲפִילּוּ בְּשַׁבָּת. וְלֹא לָחוֹשׁ לְדִבְרֵי רַבִּי אֱלִיעֶזֶר, אֶלָּא שֶׁמָּא תִּטָּרֵף דַּעְתּוֹ עָלָיו.

Rabbi Levi says: An act of acquisition may be performed in order to effect acquisition of property from a person on his deathbed even on Shabbat, even though transactions are not performed on Shabbat. And this, that an act of acquisition must be performed, is not stated in order to take into consideration the statement of Rabbi Eliezer that the gifts of any person on his deathbed require an act of acquisition. Rather, the reason for this is that if a person on his deathbed requests the performance of an act of acquisition, his request is fulfilled, lest his anxiety upon seeing that his will is not being carried out cause him to lose control of his mind due to his grief, exacerbating his poor physical state.

מַתְנִי׳ רַבִּי אֱלִיעֶזֶר אוֹמֵר: בַּשַּׁבָּת – דְּבָרָיו קַיָּימִין, מִפְּנֵי שֶׁאֵין יָכוֹל לִכְתּוֹב; אֲבָל לֹא בַּחוֹל. רַבִּי יְהוֹשֻׁעַ אוֹמֵר: בַּשַּׁבָּת אָמְרוּ, קַל וָחוֹמֶר בַּחוֹל.

MISHNA: Rabbi Eliezer says: On Shabbat, the verbal statement of a person on his deathbed stands, as he cannot write, and the Sages instituted that he can effect the transaction verbally lest the inability to do so exacerbate his condition. But a verbal instruction does not stand if stated on a weekday. Rabbi Yehoshua says: With regard to Shabbat, the Sages stated that his verbal instruction is sufficient, even though writing is prohibited. One can infer a fortiori that the same applies with regard to a weekday, when writing is permitted.

כַּיּוֹצֵא בּוֹ – זָכִין לַקָּטָן, וְאֵין זָכִין לַגָּדוֹל; דִּבְרֵי רַבִּי אֱלִיעֶזֶר. רַבִּי יְהוֹשֻׁעַ אוֹמֵר: לַקָּטָן אָמְרוּ, קַל וָחוֹמֶר לַגָּדוֹל.

Similarly, one can acquire property on behalf of a minor, but one cannot acquire property on behalf of an adult, since he can perform the act of acquisition himself; this is the statement of Rabbi Eliezer. Rabbi Yehoshua says: The Sages stated this halakha with regard to a minor, and one may infer a fortiori that this also applies with regard to an adult, who is able to perform the act of acquisition himself.

גְּמָ׳ מַתְנִיתִין מַנִּי? רַבִּי יְהוּדָה הִיא – דְּתַנְיָא: רַבִּי מֵאִיר אוֹמֵר, רַבִּי אֱלִיעֶזֶר אוֹמֵר: בַּחוֹל – דְּבָרָיו קַיָּימִין, מִפְּנֵי שֶׁיָּכוֹל לִכְתּוֹב; אֲבָל לֹא בַּשַּׁבָּת.

GEMARA: The Gemara asks: Whose opinion is expressed in the mishna? The Gemara answers: This is the opinion of Rabbi Yehuda. This is as it is taught in a baraita: Rabbi Meir says that Rabbi Eliezer says: With regard to a person on his deathbed who distributes his property by verbal instruction, on a weekday, his statements stand, because he can write, but his statement does not stand on Shabbat, because he cannot write.

רַבִּי יְהוֹשֻׁעַ

Rabbi Yehoshua

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Nickie Matthews
Nickie Matthews

Blacksburg, United States

3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!

Lisa Kolodny
Lisa Kolodny

Raanana, Israel

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.

Reena Slovin
Reena Slovin

Worcester, United States

I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .

Martha Tarazi
Martha Tarazi

Panama, Panama

See video

Susan Fisher
Susan Fisher

Raanana, Israel

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

In my Shana bet at Migdal Oz I attended the Hadran siyum hash”as. Witnessing so many women so passionate about their Torah learning and connection to God, I knew I had to begin with the coming cycle. My wedding (June 24) was two weeks before the siyum of mesechet yoma so I went a little ahead and was able to make a speech and siyum at my kiseh kallah on my wedding day!

Sharona Guggenheim Plumb
Sharona Guggenheim Plumb

Givat Shmuel, Israel

I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.

Beth Elster
Beth Elster

Irvine, United States

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!

Batsheva Pava
Batsheva Pava

Hashmonaim, Israel

When I was working and taking care of my children, learning was never on the list. Now that I have more time I have two different Gemora classes and the nach yomi as well as the mishna yomi daily.

Shoshana Shinnar
Shoshana Shinnar

Jerusalem, Israel

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!

Shoshana Ruerup
Shoshana Ruerup

Berlin, Germany

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

Bava Batra 156

וּלְטַעְמָיךְ, זַבֵּין שָׁוֵי חַמְשָׁא – בְּשִׁיתָּא, הָכִי נָמֵי דִּזְבִינֵיהּ זְבִינֵי?!

And according to your reasoning, that the money he receives in exchange for the property is a reason one could consider his sale valid, if he sold property worth five dinars for six dinars, would his sale also be a valid sale?

אֶלָּא קִים לְהוּ לְרַבָּנַן דְּיָנוֹקָא מְקָרְבָא דַּעְתֵּיהּ גַּבֵּי זוּזֵי; וְאִי אָמְרַתְּ זְבִינֵיהּ זְבִינֵי, זִמְנִין דִּמְקַרְקְשִׁי לֵיהּ זוּזֵי, אָזֵיל מְזַבֵּין לְכוּלְּהוּ נִכְסֵי דַּאֲבוּהּ. אֲבָל גַּבֵּי מַתָּנָה, אִי לָאו דַּהֲוָה לֵיהּ הֲנָאָה מִינֵּיהּ – לָא הֲוָה יָהֵיב לֵיהּ מַתָּנָה; אֲמַרוּ רַבָּנַן: תֶּיהְוֵי מַתְּנָתוֹ מַתָּנָה, דְּלִעְבְּידוּ לְהוּ מִילֵּי.

Rather, the Sages maintain that a child’s inclination is to be attracted to money. And if you say that his sale is a valid sale, there may be times that there are potential buyers who rattle the dinars before him in order to tempt him to sell, and he will go and sell all of his father’s property. That is why the Sages ruled that all of his sales are not valid. But with regard to a gift, if he did not derive benefit from the recipient, he would not give him a gift. The Sages therefore said: Let the gift of an orphan be a valid gift, so that people will perform beneficial matters for the orphans, as the orphan can reciprocate by giving gifts.

אָמַר רַב נַחְמָן אָמַר שְׁמוּאֵל: בּוֹדְקִין לְקִדּוּשִׁין, לְגֵרוּשִׁין, וְלַחֲלִיצָה, וּלְמֵיאוּנִין. וְלִמְכּוֹר בְּנִכְסֵי אָבִיו – עַד שֶׁיְּהֵא בֶּן עֶשְׂרִים.

§ Rav Naḥman says that Shmuel says: Children who have reached the age of majority, i.e., a boy who is thirteen years old and a girl who is twelve years old, are examined for signs indicating puberty if it is necessary to determine their adulthood for the purpose of betrothal, for the purpose of divorce, for the purpose of ḥalitza, and for the purpose of stating a girl’s refusal to remain married. But in order to sell from the property that one inherited from his father, the seller must be older, and one cannot sell this property until the seller is twenty years old.

וְכֵיוָן דִּבְדַקְנָא לְקִדּוּשִׁין, לְגֵרוּשִׁין לְמָה לִי? לֹא נִצְרְכָא אֶלָּא לְיִבּוּם – דִּתְנַן: בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ – קְנָאָהּ. וְאֵין נוֹתֵן גֵּט עַד שֶׁיִּגְדַּל.

The Gemara asks: But once I examined the boy for the purpose of betrothal, why do I need to examine him again for the purpose of divorce? The Gemara answers: This is necessary only with regard to the levirate marriage of a minor, as we learned in a mishna (Nidda 45a): A boy who is nine years and one day old who engaged in intercourse with his yevama, i.e., his brother’s widow, acquired her as his wife by means of engaging in the act of intercourse. Although a minor cannot betroth a woman under ordinary circumstances, in the case of levirate marriage the act of intercourse of a nine-year-old with his yevama effects acquisition. But he cannot give her a bill of divorce until he reaches his majority. It is therefore necessary to examine him at the time of the divorce.

לַחֲלִיצָה – לְאַפּוֹקֵי מִדְּרַבִּי יוֹסֵי, דְּאָמַר: ״אִישׁ״ כָּתוּב בַּפָּרָשָׁה, אֲבָל אִשָּׁה – בֵּין גְּדוֹלָה וּבֵין קְטַנָּה; קָא מַשְׁמַע לַן דְּמַקְּשִׁינַן אִשָּׁה לְאִישׁ, דְּלָא כְּרַבִּי יוֹסֵי.

The Gemara explains why it is necessary to mention examining a boy for the purpose of ḥalitza: This is mentioned to the exclusion of that which Rabbi Yosei says, as Rabbi Yosei says: “Man,” i.e., an adult man, is written in the Torah passage with regard to ḥalitza, as the verse states: “And if the man does not wish to take his brother’s wife” (Deuteronomy 25:7). But a woman, whether she is an adult or a minor, can be released by ḥalitza, as the verse does not indicate her age. To counter this, Rav Naḥman teaches us that a woman is juxtaposed to a man in this passage, indicating that the yevama must also have reached adulthood, and the halakha is not in accordance with the opinion of Rabbi Yosei.

וּלְמֵיאוּנִין – לְאַפּוֹקֵי מִדְּרַבִּי יְהוּדָה, דְּאָמַר: עַד שֶׁיִּרְבֶּה שָׁחוֹר; קָא מַשְׁמַע לַן דְּלָא כְּרַבִּי יְהוּדָה.

The Gemara explains why it is necessary to mention examining a person for the purpose of stating her refusal. This is mentioned to the exclusion of that which Rabbi Yehuda says, as Rabbi Yehuda says that a girl whose mother or brother married her off while she was a minor can nullify her marriage by refusing to remain married, and she can state this refusal until she reaches complete maturity, i.e., when the area covered by black pubic hairs is greater than the skin of the genital area. Rav Naḥman therefore teaches us that the halakha is not in accordance with the opinion of Rabbi Yehuda, and once a girl has developed two pubic hairs she cannot state her refusal.

וְלִמְכּוֹר בְּנִכְסֵי אָבִיו עַד שֶׁיְּהֵא בֶּן עֶשְׂרִים – לְאַפּוֹקֵי מִמַּאן דְּאָמַר בֶּן שְׁמֹנֶה עֶשְׂרֵה.

Rav Naḥman states: But in order to sell from the property that one inherited from his father, the seller must be older, and he cannot sell the property until he is twenty years old. This is mentioned to the exclusion of the opinion of the one who says that the seller can be eighteen years old.

וְהִלְכְתָא: תּוֹךְ זְמַן, כְּלִפְנֵי זְמַן. וְהִלְכְתָא כְּגִידֵּל בַּר מְנַשֶּׁה.

The Gemara concludes: And the halakha is that with regard to the age when a minor can sell property inherited from his father, during the time, i.e., during his twentieth year, is considered as before the time when it is permitted, and he cannot sell until the end of his twentieth year. And the halakha is in accordance with the ruling that Rava sent to Giddel bar Menashe, that a child who has reached his majority and understands the nature of business negotiations can sell land.

וְהִלְכְתָא כְּמָר זוּטְרָא. וְהִלְכְתָא כְּאַמֵּימָר. וְהִלְכְתָא כְּרַב נַחְמָן אָמַר שְׁמוּאֵל – בְּכוּלְּהוּ.

The Gemara continues: And the halakha is in accordance with the statement of Mar Zutra, that one who is not fit to sell land is also not fit to bear witness with regard to land. And the halakha is in accordance with the statement of Ameimar, that an orphan under the age of twenty can bestow gifts from the property he inherited from his father. And the halakha is in accordance with the statement that Rav Naḥman says that Shmuel says with regard to all the matters that he mentioned.

מַתְנִי׳ הַמְחַלֵּק נְכָסָיו עַל פִּיו, רַבִּי אֶלְעָזָר אוֹמֵר: אֶחָד בָּרִיא וְאֶחָד מְסוּכָּן; נְכָסִים שֶׁיֵּשׁ לָהֶן אַחְרָיוּת – נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה, וְשֶׁאֵין לָהֶן אַחְרָיוּת – אֵין נִקְנִין אֶלָּא בִּמְשִׁיכָה.

MISHNA: With regard to one who divides his property between various recipients by means of verbal instruction, Rabbi Elazar says: Both in the case of one who is healthy and in the case of one who is dangerously ill, the halakha is as follows: Property that serves as a guarantee, i.e., land, is acquired by means of money, by a deed of transfer, or by taking possession of it. And that which does not serve as a guarantee, i.e., movable property, can be acquired only by pulling.

אָמְרוּ לוֹ: מַעֲשֶׂה בְּאִמָּן שֶׁל בְּנֵי רוֹכֵל שֶׁהָיְתָה חוֹלָה, וְאָמְרָה: ״תְּנוּ כְּבִינְתִּי לְבִתִּי, וְהִיא בִּשְׁנֵים עָשָׂר מָנֶה״, וּמֵתָה, וְקִיְּימוּ אֶת דְּבָרֶיהָ! אָמַר לָהֶן: בְּנֵי רוֹכֵל – תִּקְבְּרֵם אִמָּן.

The Rabbis said to Rabbi Elazar: There was an incident involving the mother of the sons of Rokhel, who was sick, and who said: My brooch shall be given to my daughter, and it is valued at twelve hundred dinars. And this woman subsequently died, and the Sages upheld her statement. This indicates that a person on his deathbed can gift property without an act of acquisition. Rabbi Elazar said to them: That case was different; the sons of Rokhel should be buried by their mother, i.e., he cursed them. It is not possible to bring a proof from this incident, as these sons were wicked people. Consequently, when ruling in this matter the Sages did not act in accordance with the halakha, but allowed the mother of the sons of Rokhel to give this valuable piece of jewelry to their sister without an act of acquisition having been performed.

גְּמָ׳ תַּנְיָא, אָמַר לָהֶן רַבִּי אֱלִיעֶזֶר לַחֲכָמִים: מַעֲשֶׂה בְּמָרוֹנִי אֶחָד שֶׁהָיָה בִּירוּשָׁלַיִם, וְהָיוּ לוֹ מִטַּלְטְלִין הַרְבֵּה וּבִיקֵּשׁ לִיתְּנָם בְּמַתָּנָה. אָמְרוּ לוֹ: אֵין לָהֶם תַּקָּנָה עַד שֶׁיַּקְנֶה עַל גַּב קַרְקַע.

GEMARA: It is taught in a baraita: Rabbi Eliezer said to the Rabbis: There was an incident involving a certain man of Meron who was in Jerusalem, and he had a lot of movable property. And he desired to give the movable property as gifts to various individuals, but they could not be acquired by pulling. The Rabbis said to him: There is no remedy for transferring the property unless he transfers the movable property by means of transferring the ownership of land.

הָלַךְ וְלָקַח בֵּית סֶלַע אֶחָד סָמוּךְ לִירוּשָׁלַיִם, וְאָמַר: צְפוֹנוֹ לִפְלוֹנִי, וְעִמּוֹ מֵאָה צֹאן וּמֵאָה חָבִיּוֹת; וּדְרוֹמוֹ לִפְלוֹנִי, וְעִמּוֹ מֵאָה צֹאן וּמֵאָה חָבִיּוֹת. וָמֵת, וְקִיְּימוּ חֲכָמִים אֶת דְּבָרָיו. אָמְרוּ לוֹ: מִשָּׁם רְאָיָה?! מָרוֹנִי בָּרִיא הָיָה.

He went and acquired one plot of rocky land adjacent to Jerusalem, and he said: I give the north part of this area to so-and-so, and with it one hundred sheep and one hundred barrels. And I give the south part of the area to so-and-so, and with it one hundred sheep and one hundred barrels. And he died, and the Sages upheld his statement. This indicates that a person on his deathbed cannot transfer property without an act of acquisition. The Rabbis said to Rabbi Eliezer: Do you bring proof from there? The man of Meron was healthy at the time. This was not the gift of a person on his deathbed, and it could not be acquired by verbal instruction.

אָמַר לָהֶן: בְּנֵי רוֹכֵל תִּקְבְּרֵם אִמָּן וְכוּ׳. מַאי טַעְמָא קָא לָיֵיט לְהוּ? אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְקַיְּימֵי קוֹצִים בַּכֶּרֶם הָיוּ, וְרַבִּי אֱלִיעֶזֶר לְטַעְמֵיהּ – דִּתְנַן: הַמְקַיֵּים קוֹצִים בַּכֶּרֶם, רַבִּי אֱלִיעֶזֶר אוֹמֵר: קִדֵּשׁ; וַחֲכָמִים אוֹמְרִים: לֹא קִדֵּשׁ, אֶלָּא דָּבָר שֶׁכָּמוֹהוּ מְקַיְּימִין.

§ The mishna teaches: Rabbi Elazar said to them: That case was different; the sons of Rokhel should be buried by their mother. The Gemara asks: What is the reason that he was cursing them? Rav Yehuda says that Shmuel says: They were maintaining thorns in a vineyard and did not uproot them, and Rabbi Eliezer conforms to his line of reasoning, as we learned in a mishna (Kilayim 5:8): With regard to one who maintains thorns in a vineyard, Rabbi Eliezer says: He has proscribed the vineyard, rendering it forbidden due to the prohibition against diverse kinds. And the Rabbis say: Only growing a matter, i.e., a crop, the like of which people usually maintain, proscribes a vineyard and renders it forbidden.

בִּשְׁלָמָא כַּרְכּוֹם, חֲזֵי; אֶלָּא קוֹצִים, לְמַאי חֲזֵי? אָמַר רַבִּי חֲנִינָא: מַאי טַעְמָא דְּרַבִּי אֱלִיעֶזֶר? שֶׁכֵּן בַּעֲרַבְיָא מְקַיְּימִין קוֹצִים בַּשָּׂדוֹת לִגְמַלֵּיהֶן.

The Gemara asks: Granted, if it were saffron that grew in the vineyard, it is useful for seasoning and other uses, and therefore it proscribes the vineyard. But with regard to thorns, for what are they useful? Rabbi Ḥanina said: What is the reasoning of Rabbi Eliezer? It is because in Arabia they maintain thorns in the fields for their camels. Rabbi Eliezer holds that since thorns are maintained in one place, they are considered useful everywhere.

אָמַר רַבִּי לֵוִי: קוֹנִין קִנְיָן מִשְּׁכִיב מְרַע, אֲפִילּוּ בְּשַׁבָּת. וְלֹא לָחוֹשׁ לְדִבְרֵי רַבִּי אֱלִיעֶזֶר, אֶלָּא שֶׁמָּא תִּטָּרֵף דַּעְתּוֹ עָלָיו.

Rabbi Levi says: An act of acquisition may be performed in order to effect acquisition of property from a person on his deathbed even on Shabbat, even though transactions are not performed on Shabbat. And this, that an act of acquisition must be performed, is not stated in order to take into consideration the statement of Rabbi Eliezer that the gifts of any person on his deathbed require an act of acquisition. Rather, the reason for this is that if a person on his deathbed requests the performance of an act of acquisition, his request is fulfilled, lest his anxiety upon seeing that his will is not being carried out cause him to lose control of his mind due to his grief, exacerbating his poor physical state.

מַתְנִי׳ רַבִּי אֱלִיעֶזֶר אוֹמֵר: בַּשַּׁבָּת – דְּבָרָיו קַיָּימִין, מִפְּנֵי שֶׁאֵין יָכוֹל לִכְתּוֹב; אֲבָל לֹא בַּחוֹל. רַבִּי יְהוֹשֻׁעַ אוֹמֵר: בַּשַּׁבָּת אָמְרוּ, קַל וָחוֹמֶר בַּחוֹל.

MISHNA: Rabbi Eliezer says: On Shabbat, the verbal statement of a person on his deathbed stands, as he cannot write, and the Sages instituted that he can effect the transaction verbally lest the inability to do so exacerbate his condition. But a verbal instruction does not stand if stated on a weekday. Rabbi Yehoshua says: With regard to Shabbat, the Sages stated that his verbal instruction is sufficient, even though writing is prohibited. One can infer a fortiori that the same applies with regard to a weekday, when writing is permitted.

כַּיּוֹצֵא בּוֹ – זָכִין לַקָּטָן, וְאֵין זָכִין לַגָּדוֹל; דִּבְרֵי רַבִּי אֱלִיעֶזֶר. רַבִּי יְהוֹשֻׁעַ אוֹמֵר: לַקָּטָן אָמְרוּ, קַל וָחוֹמֶר לַגָּדוֹל.

Similarly, one can acquire property on behalf of a minor, but one cannot acquire property on behalf of an adult, since he can perform the act of acquisition himself; this is the statement of Rabbi Eliezer. Rabbi Yehoshua says: The Sages stated this halakha with regard to a minor, and one may infer a fortiori that this also applies with regard to an adult, who is able to perform the act of acquisition himself.

גְּמָ׳ מַתְנִיתִין מַנִּי? רַבִּי יְהוּדָה הִיא – דְּתַנְיָא: רַבִּי מֵאִיר אוֹמֵר, רַבִּי אֱלִיעֶזֶר אוֹמֵר: בַּחוֹל – דְּבָרָיו קַיָּימִין, מִפְּנֵי שֶׁיָּכוֹל לִכְתּוֹב; אֲבָל לֹא בַּשַּׁבָּת.

GEMARA: The Gemara asks: Whose opinion is expressed in the mishna? The Gemara answers: This is the opinion of Rabbi Yehuda. This is as it is taught in a baraita: Rabbi Meir says that Rabbi Eliezer says: With regard to a person on his deathbed who distributes his property by verbal instruction, on a weekday, his statements stand, because he can write, but his statement does not stand on Shabbat, because he cannot write.

רַבִּי יְהוֹשֻׁעַ

Rabbi Yehoshua

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