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|BAVA BASRA 13 (14 Elul) – This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum, who passed away on 14 Elul, by his son and daughter and their families.|
If two brothers inherit a field which borders a river in the east and a stream in the north it shall be split into eight pieces so that each brother receives some land next to the river and some land next to a stream. (1)
If two people are partners in a palace, a bird coop, a Talis, an olive press, or a bathhouse it is not divided between them unless each partner will receive a suitable portion of the item after the division.
If there will not be a suitable portion for each of them after the division, R. Yehudah says the partner who wants to divide the item may insist that either his partner state a price and buy him out or allow him to quote a price and buy out his partner, while R. Nachman argues.
If someone is half servant and half free Beis Hillel holds he works for his master one day and himself the next.
Beis Shamai says since he can't marry a free woman or a maidservant we force his master to free him and the servant writes him a Shtar for half of his value and Beis Hillel retracted and agreed with Beis Shamai.
If one brother is rich and the other brother is poor and they inherit a bath house or an olive press if it had been used for profit they should continue to do so and they shall split the profit between them.
If the olive press or bathhouse had not been rented out the poor brother can't force the rich brother to buy him out even though he can't afford to use it. (2)
If two partners own an item which is not large enough for both of them to take a suitable portion and one of them requests that his partner take a suitable portion of the item and he will take less according to the Tana Kama he may force his partner to do so, while R. Shimon Ben Gamliel argues. (3)
If two people are partners in a holy scroll of one of the twenty four books of Tanach if it is in one volume even if they both want to divide it between them they mat not do so.
If two brothers inherit one maidservant who knows how to cook and bake and another who knows how to spin and weave one bother may not force the other brother to choose one maidservant and give him the other and the one who receives the more valuable maidservants will pay off the other. (4)
It is permissible to attach Torah, Nevi'im and Kesuvim together according to R. Meir, R. Yehudah says the Torah Nevi'im and Kesuvim must be kept separate while the Chachamim say that each Sefer in the Torah, Nevi'im and Kesuvim must be kept separate.
There must be four lines of space between each Sefer in the Chumash and the Navi, but only three lines in between one Navi an another in Trei Asar.
if one Navi ends on the bottom of the column next Navi may start from the top of the column without leaving any space.
A BIT MORE
1. Land that is next to a river is worth more than land that is next to a stream because a stream sometimes dries up and in order that each one of them will have an equal amount of land next to the river and next to the stream.
2. Even according to R. Yehudah who holds that one partner may force the other partner to either buy him out or allow him to buy it out in this case since the poor brother can't afford to buy out his brother he can't force the rich brother to buy him out.
3. R. Shimon Ben Gamliel holds one partner may not force the other partner to split the item with him even though he is offering his him a larger share because his partner can say if you want me to pay for the larger portion that I am receiving I don't have the money to pay for it and if you want to give it to me as a gift I don't want to take a gift because the Pasuk states that people who hate gifts will live
4. Even R. Yehudah who holds that one partner can force the other partner to either buy him out or allow him to buy it out holds in this case since they both want both maidservants they can't be forced to take just one of them
Index to Revach for Maseches Bava Basra