REVIEW QUESTIONS - BAVA BASRA 106

REVIEW QUESTIONS ON GEMARA AND RASHI

Prepared by Rabbi Eliezer Chrysler
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il

Previous Daf BAVA BASRA 106

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BAVA BASRA 106 - Sponsored by Chaim and Caroline Turkel of London. May their son Yisrael Moshe and his newlywed wife Chayah (nee Birenhak) raise a joy-filled family on the solid foundations of Yir'as Shamayim and Chasidus, and may the Zechus of Hachzakas ha'Torah bring the Turkels unlimited Berachah in this world and the next!

1)
(a) In a case where Reuven sells Shimon a Beis Kur 'be'Simanav u'vi'Metzarav', our Mishnah rules 'Pachos mi'Shetus Higi'o, ad Shtus Yenakeh'. How many Kabin comprise a sixth, in a field of a Kur?
(b) What is the reason for this?
(c) Why can this ruling have nothing to do with the Din of Ona'ah?
(d) Then what is its source?
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2)
(a) What does the Seifa of the Mishnah 'ad Shtus Yenakeh' mean?
(b) According to Rav Huna 'Shtus ke'Pachos mi'Shtus', and the purchaser must accept the sale. What does Rav Yehudah say?
(c) Based on the Lashon, what is the basis of their Machlokes?
(d) How does Rav Rav Huna then explain the Mishnah?
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3)
(a) The Beraisa repeats the Lashon of our Mishnah, but adds (' ... O Hosir Shtus, Harei hu ke'Shum ha'Dayanim'), before the word 'Higi'o'. What exactly is the case of Shum ha'Dayanim?
(b) What is the Din regarding Beis-Din who erred by exactly a sixth?
(c) On whom does this pose a Kashya?
(d) Rav Huna counters the above Kashya based on the Tana's insertion of the word 'Higi'o'. What is the problem with 'Higi'o'?
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4)
(a) Rav Huna therefore explains that the Tana is only making a partial comparison to a regular Shum ha'Dayanim, but in other ways, it is not like Shum ha'Dayanim. How does he now explain the statement 'ke'Shum ha'Dayanim' (see Rabeinu Gershon)?
(b) And in which way is it not like Shum ha'Dayanim?
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106b----------------------------------------106b

5)
(a) A man told Rav Papa, that the field he was selling him measured twenty Se'ah. What were the actual measurements of the field?
(b) What did Abaye rule in that case?
(c) Considering that the discrepancy was more than a sixth, in what way did this case differ from 'be'Simanav u'vi'Metzarav' in our Mishnah?
(d) On what grounds did ...
1. ... Rav Papa query Abaye's ruling? How did he interpret the owner's assurance that it measured twenty Se'ah?
2. ... Abaye nevertheless overrule his objection?
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6)
(a) Rebbi Yosi says in a Beraisa 'ha'Achin she'Chalku, Keyvan she'Alah Goral le'Echad Meihen, Kanu Kulam'. Why are they not required to make a Kinyan, in order to actually acquire their respective portions?
(b) What is then the purpose of the Goral?
(c) How did the brothers then plan to apportion the property?
(d) What did Rebbi Yosi mean, assuming that there were ...
1. ... only two brothers to begin with?
2. ... three brothers to begin with?
(e) What are the ramifications of this latter ruling? What do the lots drawn by the first brother achieve?
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7)
(a) Which source does Rebbi Elazar cite for Rebbi Yosi's ruling?
(b) What additional two items were required in order to inherit Eretz Yisrael?
(c) How does Rav Ashi explain the fact that (bearing in mind that the source for the current Halachos is the inheritance of Eretz Yisrael), why are these two items not required by brothers or partners dividing their land?
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8)
(a) According to Rav, if, after the first two brothers have divided their inheritance of Karka, a third brother arrives from overseas, the original division is considered invalid, and they divide their property afresh. Why is the Din here different than the previous ruling (where as soon as the first brother acquires his portion, the remaining brothers automatically acquire theirs?
(b) What does Shmuel say in this case?
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9)
(a) Rava remarked to Rav Nachman that Rav holds Hadar Dina. What does 'Hadar Dina' mean?
(b) Why does it not then follow, he asked him, that if two out of three brothers went and divided the joint property into three portions in front of Beis-Din, that the division is also considered invalid. What was Rav Nachman's reply?
(c) What sort of Beis-Din are we talking about?
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10)
(a) Rav Papa remarked to Abaye that Shmuel, who rules 'Mekamtzin', holds Kam Dina. What does 'Kam Dina' mean?
(b) How does this seem to clash with Shmuel's other ruling (discussed earlier) 'Kur bi'Sheloshim Ani Mocher lach, Yachol la'Chezor bo Afilu be'Se'ah Acharonah'?
(c) How do we reconcile that ruling with Shmuel's current one? What is Shmuel's reasoning there?
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11)
(a) Then why did Shmuel conclude 'Kur bi'Sheloshim, Se'ah be'Sela Ani Mocher lach, Rishon Rishon Kanah'?
(b) Still, why does Shmuel's basic Sevara in the Reisha there not apply here by the division of the brothers?
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