BECHOROS 52 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

1)

THOSE WHO DO NOT RECEIVE SHEVACH AND RA'UY

(a)

(Continuation of Mishnah): Also the following only receive from Muchzak, but not from Shevach or Ra'uy:

1.

A woman collecting a Kesuvah, (Rashi - step-)daughters being fed from their (step-)father's estate, and a Yavam (who did Yibum and inherits his deceased brother).

(b)

(Gemara) Question: What is the reason (for these laws?)

(c)

Answer: "Lo Mishpat ha'Bechorah" teaches that it applies to (property of) a man, but not (of) a woman;

1.

He does not receive a double portion of Shevach, nor from Ra'uy, for it says "b'Chol Asher Yimatzei Lo" (at the time of death).

(d)

Question: Why does our Mishnah say that a woman does not collect Shevach? (She is like a creditor.) Shmuel taught that a creditor collects Shevach!

(e)

Answer (R. Aba): This is a weakness of collection rights of a Kesuvah. (Similarly, it is collected from lowest quality land, unlike standard debts.)

(f)

(Mishnah): Daughters are not fed (from Shevach or Ra'uy).

(g)

Question: What is the reason?

(h)

Answer: Stipulations of the Kesuvah are just like the Kesuvah. (Tosfos - the Kesuvah states that orphaned daughters are fed from the estate until they mature or get married; Rashi - we discuss a man who obligated himself to feed his wife's daughter (from a previous marriage) for a set time (and wrote this in the Kesuvah), and he died within the time.)

(i)

(Mishnah): A Yavam (inherits what was Muchzak to his deceased brother, but not Shevach or Ra'uy - Rambam, according to Magid Mishnah; Rashi - he inherits his brother totally, and gets an extra share (due to the Yibum) of what was Muchzak to his father, but not of Shevach and Ra'uy.)

(j)

Question: What is the reason?

(k)

Answer: He is called "Bechor." (Therefore, he inherits like a Bechor.

(l)

(Abaye): This applies only to Shevach between the death (of his father/brother (according to Rashi/Rambam) and Yibum, but he receives Shevach between Yibum and division.

1.

Question: What is the reason?

2.

Answer: "Yakum Al Shem Achiv" teaches that once he did Yibum, his brother's property (or share) (and, therefore, future Shevach) belongs to him.

(m)

(Rava): This applies even to Shevach between Yibum and division.

1.

Question: What is the reason?

2.

Answer: He is like a Bechor, who receives no Shevach before division.

(n)

(Mishnah): All of these do not receive Shevach.

52b----------------------------------------52b

(o)

This (is extra, for the Mishnah already said this. It) includes Shevach that comes automatically (without work), such as fodder or unripe dates that grew to be proper grain or dates.

(p)

(Mishnah): They do not receive Ra'uy, only Muchzak.

(q)

This (is extra. It) includes property inherited from a grandfather. (It was surely destined to fall to the grandchildren.)

2)

WHAT IS RETURNED IN YOVEL

(a)

(Mishnah - R. Meir): The following are not returned in Yovel:

1.

The extra portion of a Bechor, inheritance of a wife, inheritance of a Yavam, and a gift.

(b)

Chachamim say, a gift is like a sale. (It returns in Yovel.)

(c)

R. Eliezer says, all of them return in Yovel.

(d)

R. Yochanan ben Brokah says, one who inherits his wife returns it to her family, and deducts from the money (that they pay to him. This will be explained.)

(e)

(Gemara) Question: What is R. Meir's reason?

(f)

Answer: The Torah said only that a sale returns in Yovel, but not a gift or inheritance. This explains the last three cases;

1.

A Bechor's extra portion is called a gift - "Lases Lo Pi Shnayim".

(g)

(Mishnah): Inheritance of a wife.

(h)

The Tana holds that a husband inherits his wife mid'Oraisa.

(i)

(Mishnah): Inheritance of a Yavam.

(j)

One who does Yibum is called "Bechor".

(k)

(Mishnah - Chachamim): A gift is like a sale.

(l)

Question: What is Chachamim's reason?

(m)

Answer: "Tashuvu" is extra (Rashi; R. Gershom - it could have said 'Shuvu'), to teach that a gift returns;

1.

The other three are inheritances, even Bechorah;

2.

They hold that "Lases Lo Pi Shnayim" equates the extra portion to a regular portion, i.e. it is an inheritance.

(n)

(Mishnah - R. Eliezer): All of them return in Yovel.

(o)

He holds like Chachamim, who say that "Tashuvu" includes a gift. All the others are called (or were enacted to be like) gifts:

1.

Regarding Bechorah it says "Lases Lo Pi Shnayim";

2.

He holds that a husband inherits his wife mid'Rabanan;

3.

One who does Yibum is called "Bechor".

(p)

(R. Asi citing R. Yochanan): If brothers divide an inheritance, (Ein Breirah, i.e. we cannot say that the portion everyone took was destined for him. Rather,) they are like buyers. (Everyone took a share in exchange for his true portion). They must return their shares and redivide in Yovel. (Rashi - each can get a new share; Rambam - each gets back his old share again.)

(q)

Question (R. Hoshaya - Mishnah): The following are not returned in Yovel - Bechorah... (according to R. Asi, all brothers return their shares!)

(r)

Answer (R. Elazar): The Mishnah means that the following do not return in Yovel what they received and lose it. (Rather, they return it and receive it (or another share) back again.)

(s)

Question (Rav Sheshes): This implies that the opinion that says that they do return holds that they lose it. (This is unreasonable!)

1.

Version #1 - Rav Chama: Great is one who knows Amora'ic teachings along with an abundance of Beraisos! (Rav Sheshes has (only) the latter.)

2.

Version #2 - R. Gershom - Rami bar Chama: This question testifies to the Chachmah of Rav Sheshes! (end of Version #2)

3.

Apparently, the following teaching was not known to Rav Sheshes (R. Gershom - and Rami bar Chama!)

4.

(Ravin citing R. Yochanan): The opinion that says that they return, he holds that they lose it.

3)

INHERITING BURIAL GROUNDS

(a)

(Mishnah - R. Yochanan ben Brokah): One who inherits his wife returns it to her family...

(b)

Question: Does he hold that a husband inherits his wife mid'Oraisa, or mid'Rabanan?

1.

If it is mid'Oraisa, why does he return it?

2.

If it is mid'Rabanan, why does her family pay him?

(c)

Answer: A husband inherits his wife mid'Oraisa. The case is, he inherited her family's burial grounds from her;

1.

Chachamim enacted that he sells it back to them, to prevent disgrace;

2.

(Beraisa): If one sells (the place reserved for) his grave, the path to it, or the place of his Ma'amad (where they pause during the funeral procession) and eulogy, his family can bury him there against the will of the buyer, due to disgrace to the family.

OTHER D.A.F. RESOURCES
ON THIS DAF