BAVA BASRA 138 - Dedicated by Andy & Nancy Neff in memory of Leah Miriam bat Yisroel who passed away on 14 Sivan 5767 -- Lucy Rabin, beloved wife of Sidney Rabin and mother of Nancy Neff and Valerie, Doug and Andy Rabin.

[138a - 33 lines; 138b - 34 lines]

1)[line 1]בצווח מעיקראTZOVE'ACH ME'IKARA- he was shouting/protesting from the beginning (when the benefactor gave him the Shtar granting him the gift)

2)[line 2]זיכה לו על ידי אחרZIKAH LO AL YEDEI ACHER- he granted [the gift] to him by way of someone else (see Background to Bava Metzia 10:6)

3)[line 6]הלהHALAH- the other person (i.e. the recipient of the gift)

4)[line 6]רבן שניRABAN SHENI- their second owner (i.e. the recipient of the gift)

5)[line 15]מדשתיק, קנינהוMID'SHASIK, KANINHU- because he remained silent, he acquired them

6)[line 15]מהדר הוא דקא הדק ביהMEHADER HU D'KA HADAR BEI- [he is protesting now because] he changed his mind [and does not want to receive them]

7)[line 17]הוכיח סופו על תחלתוHOCHI'ACH SOFO AL TECHILASO- his [action at the] end proves what his [intention at the] beginning was

8)[line 18]כי לא מטו לידיKI LO MATU L'YADI- when they have not yet arrived in my hand

9)[line 19]שכיב מרעSHECHIV MERA

(a)A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (see Background to Kidushin 48:3:a), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

(b)However, if the Shechiv Mera gives as a gift only a portion of his property ("Matanah b'Miktzas"), then the transaction does not take effect until he makes a formal Kinyan. The reason is because by keeping some of his property to himself, he shows that he expects to live and is not giving away his property because he anticipates dying, and thus his gift has the status as that of a healthy person and it requires a Kinyan to take effect.

10)[line 22]יצא עליו שטר חובYATZA ALAV SHTAR CHOV- a loan document was presented against him

11a)[line 29]אם אמר "בבכורתו"IM AMAR "BI'VECHORASO"- if he said, "[ is befitting him] for his portion as the firstborn"

b)[line 30]ידו על העליונהYADO AL HA'ELYONAH- he (the son) has the upper hand (he may take either his double portion as the firstborn, or the 200 Zuz that his father is giving him)

12)[line 30]נוטלןNOTLAN- he takes them


13)[line 6]כראוי לו בחובוKA'RA'UY LO B'CHOVO- as is befitting for him as repayment for his debt [that I owe him]

14)[line 8]דדייק לישנא יתיראD'DAYIK LISHNA YESEIRA- who makes an inference from the additional words. If a person could have expressed himself briefly and instead expresses himself with unnecessary additions, we assume that that he intends to add something to his statement.

15)[line 8]ולא את הבור ולא את הדותLO ES HA'BOR V'LO ES HA'DUS- [when a person sells his house, stating only that he is selling "the house,"] he has not sold the Bor or the Dus. (A Bor is a pit that is dug in impermeable ground and that is not lined with stones. A Dus is a pit in the ground that is lined with stones that rise above the surface of the ground. A Dus also has a cover on top. (BI'UR HALACHAH Orach Chayim 587:1 in his explanation of the opinions of Rashi and Rambam))

16)[line 9]עומקא ורומאUMKA V'RUMA- the depth and the height (i.e. the rights to build beneath the foundation of the house, and the rights to the roof and airspace above the roof)

17a)[line 13]כיון דלא צריך, וקאמרKEIVAN D'LO TZARICH, V'KA'AMAR- since he did not need to [say it], and he said it anyway

b)[line 14]לטפויי מלתא קאתיLI'TEFUYEI MILSA KA'ASI- he is coming to add something

18)[line 18]שאין מכיריןSHE'EIN MAKIRIN- they do not recognize [who the borrower is, or whether or not he actually owes money to the Shechiv Mera]

19)[line 18]כשהוא גובהKESHE'HU GOVEH- when he (the heir of the Shechiv Mera) collects the debt

20)[line 24]משום בית דין טועיןMISHUM BEIS DIN TO'IN- because of a mistaken Beis Din (who will think that the witnesses - who signed the Shtar attesting to the words of the Shechiv Mera (who said that someone owes him money) - researched the matter and found that it was true)

21)[line 27]אין חולציןEIN CHOLTZIN- [when a man and a woman come before Beis Din claiming to be a Yavam and a Yevamah,] they may not [instruct the man and woman to] perform Chalitzah (CHALITZAH - see Background to Bava Basra 136:3)

22)[line 27]אלא אם כן מכיריןELA IM KEN MAKIRIN- unless they recognize [that the man and the woman are indeed Yavam and Yevamah]

23)[line 27]ואין ממאניןEIN MEMA'ANIN (MI'UN)

(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

(b)If she was divorced or widowed, or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan, and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.

(c)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

(d)When a girl comes before Beis Din claiming that she was married by her mother or brothers to a man and now she wants to do Mi'un, Beis Din may not instruct her to perform Mi'un unless they recognize that she was indeed married by her mother or brothers to that man, as our Gemara explains.

24a)[line 28]גט חליצהGET CHALITZAH- a document affirming that the woman performed Chalitzah (witnesses may sign such a document even though they do not recognize the man and the woman, because they may rely on the fact that the Beis Din would not have let them do Chalitzah had Beis Din not recognized that they indeed were a Yavam and a Yevamah)

b)[line 29]וגט מיאוןGET MI'UN- a document affirming that the girl performed Mi'un

25)[line 30]בית דינא בתר בית דינא לא דייקיBEIS DIN BASAR BEIS DINA LO DAIKEI- a Beis Din does not check after another Beis Din (when a woman comes to a Beis Din for permission to remarry based on the Chalitzah or Mi'un that she performed in a different Beis Din, the second Beis Din does not check into the matter, but rather it assumes that the first Beis Din looked into the matter and conducted the procedure properly)

26)[line 32]האב תולש ומאכילHA'AV TOLESH U'MA'ACHIL- the father may pick [fruit] and feed it [to whomever he wants]. This refers to the case in the previous Mishnah (136a) in which a father gave his property to his son as a gift which would take effect after his death. Since, until he dies, the Peiros (produce) of the field belong to him, the father may give them to whomever he wants. However, whatever produce is left attached to the ground at the time of his death - even produce that is ready to be picked - belongs to the son who received the gift and is not inherited by the other heirs.