|
daf@dafyomi.co.il http://www.dafyomi.co.il
1) [line 3] BA'AL CHOV - a creditor [of their father] 2) [line 4] VITER - he has lost his rights (even thought the literal meaning of the word "Viter" is to [willingly] give up or forego [one's rights], in this case it is obviously against his will) 3) [line 5] NOTEL REVI'A B'KARKA U'REVI'A B'MA'OS - he gets back from his brother one quarter of what he lost either in land or in cash 4) [line 6] HA'ACHIN SHE'CHALKU YORSHIN HEN / LEKUCHOS HAVU (a) When a person dies, his estate is divided up among his sons. The Amora'im argue whether the way the estate is ultimately divided can retroactively determine what each brother inherited at the time of the father's death, or not. Rebbi Yochanan (Gitin 48a) is of the opinion that even when the brothers later divide the estate, we cannot determine retroactively that the land each brother now has is the same land he inherited at the time of death. Rather, we say that by dividing up the property, the brothers agree to "trade" their true portions, wherever they are, with each other for portions of equal value elsewhere ("ha'Achin she'Chalku Lekuchos Havu"). This is also the opinion of Shmuel in our Sugya. (b) There is a Halachic difference between whether the inheritance is retroactive or not. If the inheritance is retroactive ("k'Yorshin Havu" -- This is also the opinion of Rav in our Sugya), no purchase or trading has occurred. Therefore, in the year of the Yovel they need not return the land to each other and re-divide the estate. However, if the inheritance is not retroactive and a trade has occurred, when Yovel arrives the brothers must return to each other their portions, after which they re-divide the estate, as if they had purchased their shares from each other. (c) Another Halachic ramification of this argument is the case in our Sugya, where the creditor of the brothers' father expropriates land from one of the brothers. Since Rav rules that they are considered Yorshim, they must re-divide the remaining land between them. Shmuel, who is of the opinion that they are considered Lekuchos, rules that no action is required on the part of the brother who did not lose the land. Rav Asi is in doubt as to whether they are considered Yorshim or Lekuchos, and as such, he rules that the brothers are partially liable, as if they are half Yorshim and half Lokchim. 5) [line 14] SHELOSHAH SHE'YARDU L'SHUM - three who went down [in judgement] to appraise the value (SHUM HA'DAYANIN) (a) When a debtor owes money to a creditor, or when the heirs of a man's estate owe, from the estate, money for the support of the man's widow and daughters (which the Kesuvah stipulates they must provide -- see Background to Gitin 48:24), Beis Din appraises the value of the property in order to sell it and give the money to the creditor, or to the widow and daughters. (b) The Beis Din must be comprised of three Dayanim in order to make a valid appraisal of the value of the property. They first estimate the value of the property and then announce for thirty consecutive days or for a period of sixty days on Mondays and Thursdays that they are selling the property of orphans ("Hachrazah"). They make the announcements in the morning and the evening at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer asks his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces. 6a) [line 14] MANEH - one Maneh, which is equal to 25 Sela'im, or 100 Dinerin (1 Sela = 4 Dinar) b) [line 15] MA'ASAYIM - 2 Maneh, which is equal to 200 Dinerin 7) [line 16] BATEL YACHID B'MI'UTO - the single opinion is nullified because it is a minority. This is based on the principle that we follow the majority, derived from the verse, "Acharei Rabim l'Hatos" (Shemos 23:2). 8a) [line 17] ESRIM - 20 [Sela'im, or 80 Dinerin] b) [line 18] SHELOSHIM - 30 [Sela'im, or 120 Dinerin] 9) [line 18] NIDON B'MANEH - it is judged as [being worth] one Maneh, or 25 Sela'im/100 Dinerin 10a) [line 19] OSIN SHUMA BEINEIHEN - we make an estimate from among them b) [line 20] U'MESHALSHIN - and we divide [the difference between the lowest estimate and the highest estimate] by three 11) [line 21] MILSA METZI'ASA - (a) the median estimate, i.e. the estimate that is in between the two other estimates (RASHBAM); (b) the mean average of the highest and lowest estimates (ignoring the middle estimate) (RAMBAM Hilchos Malveh v'Loveh 22:14, SHULCHAN ARUCH CM 103:2)
|
