BAVA BASRA 136 (13 Sivan) - Dedicated by Elliot and Lori Linzer to commemorate the Yahrzeit of Chaim Yoseph ben Ephraim Henoch ha'Levi z'l.

[136a - 32 lines; 136b - 26 lines]

1)[line 1]וקנינא מיניה מוסיף על מתנתא דאV'KANINA MINEI MOSIF AL MATANTA DA- and I made a Kinyan on it [giving it to the recipient] in addition to granting it as a gift

2)[line 7]מהיום ולאחר מיתהMEHA'YOM UL'ACHAR MISAH- from today [the gift will be yours] and after [my] death (that is, at the time that the father dies, the gift will become the son's retroactively from this day. The RASHBAM explains that the son receives the "Guf," or body, of the property immediately, but he only receives the rights to the "Peiros," or produce, of the property after the father dies)

3)[line 12]חולצת ולא מתייבמתCHOLETZES V'LO MISYABEMES - she does Chalitzah but not Yibum (CHALITZAH)

(a)If a married man dies childless, his brother must perform Yibum (the marriage of a dead man's brother with his wife - see Background to Bava Basra 134:11), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.

(b)If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother." She is then free to marry whomever she wants.

(c)In certain situations (such as that of a doubtful marriage or divorce, like the case of the Mishnah quoted by our Gemara), the woman may not do Yibum, but may do only Chalitzah.

4a)[line 13]תנאהTENA'AH- a condition (i.e. the husband is saying that when he dies, the Get should take effect from today)

b)[line 13]חזרהCHAZARAH- a retraction (i.e. the husband is changing his mind, and he does not want the Get to take effect today, but to take effect only after he dies)

5a)[line 14]גופאGUFA- (lit. body) the actual property itself

b)[line 14]פיראPEIRA- (lit. fruits) the produce that the property generates

6)[line 15]חלשCHALASH- he became ill

7)[line 15]על לגביהAL L'GABEI- he (they) went up to [visit] him

8)[line 16]בעי מיניהBA'I MINEI- ask of him

9)[line 17]הלכה איבעי מיניה?!HALACHAH IBA'I MINEI?!- I should ask him what the Halachah is [when I do not even know the reasoning of Rebbi Yosi]?!

10)[line 19]בתר דנפקוBASAR D'NAFKU- after they left

11)[line 20]זמנו של שטר מוכיח עליוZEMANO SHEL SHTAR MOCHI'ACH ALAV- the date of a document proves from when it goes into effect (and as such, it does not need the phrase, "from this day")

12)[line 22]בהקנאהB'HAKNA'AH- in [the case of] a Shtar which includes the wording of a Kinyan (i.e. the Shtar does not merely contain the words, "I hereby am giving to you this gift for after my death," but rather it contains the words, "[We, the undersigned witnesses, hereby attest that the giver of the gift said to us, 'Be witnesses for me and] make a Kinyan from me, [and write and sign the document']" - see NIMUKEI YOSEF)

13)[line 23]אקניתאAKNISA- a Shtar which includes the wording of a Kinyan; see previous entry

14a)[line 23]אקנייה וקנינא מיניהAKNEYEI V'KANINA MINEI- the word "Akneyei" refers to the wording of "Kinyan" in the beginning of the Shtar, wherein the witnesses attest that the giver appointed them as witnesses and told them to make a Kinyan to acquire the gift from him on behalf of the recipient (see above, entry #12). The words "v'Kanina Minei" refer to the wording of "Kinyan" in the end of the Shtar, wherein the witnesses write that "we made a Kinyan from the giver to the recipient in accordance with all that is written and described above." When this is the syntax of the Shtar - including reference to the fact that the giver made a Kinyan to the witnesses, and that the witnesses made a Kinyan from him - the additional phrase of a "Kinyan" implies that the gift takes effect from now. (RASHBAM)

b)[line 24]קנינא מיניה ואקנייהKANINA MINEI V'AKNEYEI- the words "Kanina Minei" refer to the wording of "Kinyan" in the beginning of the Shtar, wherein the witnesses attest that they made a Kinyan from the giver to the recipient. The word "Akneyei" appears later in the Shtar, and is merely explaining how the witnesses made a Kinyan (the giver made a Kinyan to them). Since the second phrase of "Kinyan" can be understood to be merely explaining the first phrase, it is not considered extra and we cannot infer that the giver meant for the gift to take effect from now. (RASHBAM)

15)[line 25]וספרי ידעי?V'SAFREI YAD'EI?- and the scribes (who write Shtaros) know?

16)[line 27]וב"דוכרן פתגמי דהוי באנפנא"UV'DUCHRAN PISGAMEI D'HEVEI B'ANPANA- [and they are arguing about a Shtar that is merely] a memorandum of the proceedings that occurred in front of us (this is a Shtar of testimony, describing what occurred, and not a Shtar that effects a Kinyan)

17)[line 28]אתון הכי מתניתו להATUN HACHI MASNISU LAH- you, this is how you taught it (i.e. as a question, and not as a statement)


18)[line 3]קנין פירות כקנין הגוף דמיKINYAN PEIROS K'KINYAN HA'GUF DAMI

Rebbi Yochanan and Reish Lakish argue as to whether buying fruits that will be produced (e.g. the fruits of a tree or the slaves to which a maidservant will give birth) gives the owner of the fruits a certain amount of Halachic ownership in the object that bore the fruits. In the case of our Gemara, a son - whose father gave him the Guf, but not the Peiros, of his property - sells the property in the lifetime of the father, and then son dies within the father's lifetime. If Kinyan Peiros is k'Kinyan ha'Guf, then the son - who has only the Guf but not the Peiros (the Peiros are in the possession of his father while his father is alive) - does not have the right to sell the Guf of the property. If Kinyan Peiros is not k'Kinyan ha'Guf, then the son's sale is valid, since the father's ownership of the Peiros does not give him the ownership of the Guf, and thus the son has the rights to sell the Guf.

19)[line 7]מביא ואינו קוראMEVI V'EINO KOREI - he brings Bikurim but he does not recite the "Mikra Bikurim" (BIKURIM)

(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "וְהָיָה כִּי תָבוֹא אֶל הָאָרֶץ... וִירִשְׁתָּהּ וְיָשַׁבְתָּ בָּהּ... וְלָקַחְתָּ מֵרֵאשִׁית כָּל פְּרִי הָאֲדָמָה..." "v'Hayah Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).

(b)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) - wheat, barley, grapes, figs, pomegranates, olives, and dates (Bikurim 1:3, RAMBAM ibid. 2:2).

(c)Kohanim eat the Bikurim, b'Taharah, within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be brought back into Yerushalayim and eaten there.

(d)In certain instances, as our Gemara discusses, the owner only brings the fruit, without reciting the declaration (Mevi v'Eino Korei).

20)[line 13]אחולי אחילACHULEI ACHIL- he certainly forgoes [the ownership of the Guf of the property to his son]

21)[line 17]כל לגבי נפשיהKOL L'GABEI NAFSHEI- anything that is relevant to oneself

22)[line 18]נפשיה עדיפא ליהNAFSHEI ADIFA LEI- one's own self is preferable to him

23)[line 24]תרגמה רב הושעיא בבבלTIRGEMAH RAV HOSHAYA B'VAVEL- Rav Yoshaya in Bavel explained it [as follows]

24)[line 24]"אחריך" שאניACHARECHA SHANI- a case of "Acheracha" is different (and in such a case, the giver gives both the Peiros and the Guf to the first person, on condition that when he dies, the Peiros and the Guf will go to the second person)