OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
BAVA BASRA 152-155 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the tenth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
1) WHEN DO WE RELY ON CHAZAKAH D'RAVA?
1. (Beraisa): A case occurred in which Reuven sold his
father's property, and Reuven died. They (members of
the family) said that the sale was invalid, for he
was a minor at the time. They asked if they may
check the body.
i. R. Akiva: Firstly, you may not check the body,
for it is a disgrace. Secondly, signs often
change after death.
2. 156a (Rav Nachman): We check boys above 13 (and
girls above 12) for hairs regarding Kidushin,
divorce, Chalitzah, and Mi'un (retroactive annulment
of a marriage mid'Rabanan).
3. Nidah 46a (Rava): A girl may do Mi'un anytime until
12 full years. After 12, she may not do Mi'un or
4. Question: He forbids Mi'un because he assumes that
she is an adult (and the marriage became
mid'Oraisa). If she is an adult, she should be
permitted to do Chalitzah!
i. Rava is not in Safek whether she is an adult,
for he taught that we need not check a girl
above 12. She is Muchzekes to be an adult.
5. Answer #1: Normally, we assume that she is an adult.
She may not do Chalitzah in a case when we see that
she does not have hairs now. She may not do Mi'un,
lest she brought hairs after 12 years, and they fell
6. Answer #2: We did not check her. Regarding Chalitzah
we are concerned (lest she is still a minor). Rava's
Chazakah refers to Mi'un (we are stringent not to
allow Mi'un). She may not do Chalitzah until we see
7. (Rav Dimi of Neharde'a): The Halachah is, we are
concerned lest they fell out (regarding Mi'un) only
if she had relations with her husband after 12 years
of age, for then it is a Safek mid'Oraisa). If not,
she may do Mi'un (since she is married only
8. (Beraisa - R. Yehudah): Women do not check her
during the Perek (her 12th year).
9. During the Perek she is not believed (that she found
hairs), for Rava's Chazakah does not apply.
10. (Beraisa - R. Shimon): Women check her during the
11. He holds that hairs during the Perek do not make her
an adult. If these hairs are still there after the
Perek, we will not use them to establish her to be
12. (Beraisa): A woman is believed to be stringent, but
not to be lenient.
13. Some say that R. Yehudah taught this. He refers to
checking during the Perek. Some say that R. Shimon
taught it, about checking after the Perek.
1. Rambam (Hilchos Edus 9:8): If a 13 year old has
Simanim above, we need not check him. If not, we do
not accept his testimony until he is checked.
2. Rambam (Hilchos Ishus 2:15): If a boy above 13 did
not bring a Siman below, and he brought all the
Simanim above, it is a Safek whether he is a minor
of adult. If he was not checked below, since he has
Simanei Bagrus above, he is assumed to be an adult.
3. Rosh (33:5): Once a child reached the years of Bar
Mitzvah, we establish that he was an adult from the
required number of years. Even though we conclude
that Chazakah d'Rava is only for Mi'un, i.e. to be
stringent, when one was checked later and was found
to be an adult, we establish her to be an adult from
the age of 13. A proof of this is from Bava Basra
155. A youth sold and died, and the buyers wanted to
check if he had hairs. R. Akiva ruled that it would
not help, for we are concerned lest they changed
after death. If he were alive, checking now would
establish that he was an adult from the time of the
sale. Another proof is from 156b. We check for
Kidushin, divorce, Chalitzah, and Mi'un. If a girl
accepted Kidushin, and later we find that she has
hairs, if she accepted Kidushin afterwards from
another man, we ignore it. If we do not find hairs,
we are concerned for both acts of Kidushin (perhaps
she had hairs, and they fell out). R. Yitzchak says
that we checked her before the second Kidushin, for
if we checked her afterwards, even if we find hairs
she needs a Get from both, for perhaps the hairs
came after the second Kidushin, like Shmuel says in
Kidushin 79. However, there we discuss Simanim of
Bagrus (on the day a girl becomes a Bogeres), and
there is no Chazakah that they came in the morning.
When we find hairs of Na'arus, we say that they were
there from 12 years. R. Yitzchak says so even
according to Shmuel, and all the more so according
to Rav, who assumes that Simanei Bagrus came in the
morning. The Halachah follows Rav.
1. Shulchan Aruch (EH 155:19): A girl may do Mi'un
after 12 years if we checked her and she did not
bring two hairs. Stam, after 12 years she may not do
Mi'un, for there is a Chazakah that she brought two
hairs. In any case she may not do Chalitzah until we
check her and find two hairs.
i. Gra (66): Even though according to one answer
R. Shimon argues with Rava, the Halachah does
not follow R. Shimon. The rule is, we follow R.
Yehudah against R. Shimon.
2. Shulchan Aruch (CM 35:1): If a man has a full beard
we need not check whether or not he has two hairs.
i. Source (Beis Yosef DH v'Im): Tosfos (Yevamos
80b d v'Hevu says so). The Tur brings this in
EH 169. Here he calls it 'sprouting of the
beard', which means a full beard. Why didn't he
say a full beard, like he said there? Perhaps
only there, for Chalitzah, we require a full
beard. However, what is the source to
distinguish? The Rambam (Hilchos Edus 9:8) says
that if a 13 year old has Simanim above, we
need not check him. However, he holds that the
beard is a Siman.
3. Shulchan Aruch (OC 460:1): One may not knead Matzas
Mitzvah through a Nochri, Cheresh, lunatic or minor.
ii. Rebuttal (Gra 5): Tosfos connotes unlike this!
Rather, the Tur learned from the Rambam
(Hilchos Ishus 2:15).
i. Taz (1 DH v'Cheresh): Here, minor refers to one
who lacks Da'as (understanding). The Rashba
(1:26, cited in Beis Yosef d Ein) says that he
must understand when they tell him to make it
Lishmah. The Maharil requires Bar Mitzvah; this
is a big stringency.
ii. Eliyahu Rabah (2): 'Minor' means before 13
iii. Chak Yakov (3): 'Minor' means before 13 years.
Also the Maharil says so. The Taz disagrees,
but the Poskim equate this to Gitin, Chalitzah
and Shechitah, which require adults. I have
seen people use minors to make holes in the
dough with adult supervision. This is better,
for many helpers speeds the process. One should
be careful (to use adults) if possible.
iv. Mishbetzos Zahav (1): Chak Yakov connotes that
we require 13 years and two hairs. The Bach
connotes that guarding l'Shem Mitzvah is
mid'Rabanan. The Pri Chodosh connotes that it
is mid'Oraisa. It is not clear what the Rambam
(Hilchos Chametz u'Matzah 5:3,8) holds.
Therefore, one should not assume that they
brought two hairs right after 13 years, rather,
until they are older. Matzah for Yom Tov Sheni
is just like for the first night.
v. Bi'ur Halachah (DH Ein): L'Chatchilah one
should not rely on Chazakah d'Rava for Matzas
vi. Bi'ur Halachah (11:2 DH Tavan): Since the Torah
requires spinning the threads for Tzitzis
Lishmah, it is the same as guarding Matzah for
the Mitzvah. We should not let a boy or girl
past 13 or 12 do it, unless we know that he or
she brought two hairs. B'Di'eved one may rely
on Chazakah d'Rava.
vii. Sha'arei Teshuvah (39:1): The Noda b'Yehudah
(2:1) says that if a boy just over 13 years
wrote Tefilin, and they did not check him for
hairs and he is not in front of us, the Tefilin
are Kesherim. We rely on Chazakah d'Rava
b'Di'eved, but not l'Chatchilah.
viii.Bi'ur Halachah (DH Oh): In Choshen Mishpat we
say that if a man's beard filled out, we know
that he brought two hairs. The Magen Avraham
says that after 18 we need not be concerned
lest he did not bring hairs; all the Acharonim
CHAZAKAH D'RAVA (Bava Basra 154)
WHEN DOES A YOUTH JOIN FOR A MINYAN? (Bava Basra 156)
Index to Halachah Outlines for Maseches Bava Basra