More Discussions for this daf
1. Competition 2. The law of Hasagas Gevul 3. Renting and Sale for Noisy Use
4. Anachronistic Pesukim 5. The Takanah of Sending Children to School 6. be'Ram
7. רופא מוהל
DAF DISCUSSIONS - BAVA BASRA 21

Boruch Kahan London asked:

1. Why when the Gemoro uses the Loshon of "Sheilmoley Hu Nishtacach Torah" how does it "Shtim" with the other well known Gemoro in Kesuvos 103b with Rav Chiya when the Gemoro uses Kimat the same Loshon ""Nishtacach Torah MiYisroel ..."

You could say it is 2 different Tekufos but surely Tosfos would bring such a Gemoro and tell you this Chilluk clearly. So why is the Gemoro in Kesuvos ignored in the context of our Gemoro in Bovo Basra

2. On the Gemoro itself when the Gemoro gives the "history" of schools the Gemoro starts by talking about Nebbuch Yesomim who could learn with them as they have no father and then it says "Hiskinu Sheyehu Meishivin Melamdei Tinoikos etc. but it does not seem to say that this was catering for Yesomim Davka that Nebbuch these boys had no father to teach them so we will introduce a school for them it is as if the story's Hemshech does not follow from its opening if you see what I mean

Hope this makes sense

Kol Tuv Boruch Kahan

Boruch Kahan London, London,England

The Kollel replies:

1. There were, unfortunately, many periods in history that the Torah was nearly forgotten. In each case, Hash-m kept the promise written in the Torah "the Torah shall not be forgotten from your children" (Devarim 31:21 and Rashi).

2. Your question is that if the original Takanah was made to accommodate the orphans, how did it come about that the Takanah that was made to rectify the situation helped everyone but the orphans? It should not have affected anyone but the orphans alone!

(a) The OHEL MOSHE explains that the original Takanah was made to accommodate two groups of people (both of which are alluded to in the words "she'Ein Lo Av"): (1) Those who had no father, and (2) those whose father did not know how to learn (i.e. they did not have a father who could teach them).

The first Takanah was meant to help the second category, which it did. When the Chachamim saw that there were many children in the first category as well, they decided to do something for the orphans too. That was the second Takanah (making a school in every region).

(b) Another way of answering your question is as follows.

The Chachamim realized that it would be too expensive for every city to hire tutors for their orphans. The solution was to have as many parents as possible sending to as few tutors as possible. (The by now familiar private-school tuition problem.) Therefore, they instituted that not only orphans but all Jewish children should study with tutors, in one central location. Yerushalayim was chosen for that purpose, for the reason the Gemara gives.

When the Chachamim saw that the cities were being lax in funding the travel expenses of orphans, they saw it necessary to make schools in every region, so that travel expenses would be less prohibitive and the orphans would be included. Later, Yehoshua ben Gamla instituted hiring tutors in every city. Although this meant smaller classes (and higher tuition), it was important to Chazal to lower the travel expenses so that more students would be able to attend the classes.

Mordecai Kornfeld