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BAVA METZIA 38-40 (10 Sivan) - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.
If the owner of a field is captured and we hear that he died we allow the relatives to work the property and may keep any produce that they took from the property. (1)
If the owner of the field was not captured but he traveled overseas and we don't know where he is everyone agrees that the relatives may not work on the field and if they do they are evicted.
If the owner of a field is captured and we did not hear that he died according to the Rabanan the inheritors may not work the field and if they do they are evicted.
R. Shimon Ben Gamliel holds we allow the inheritors to work the field, and they are given a share of the produce like a sharecropper.
If a husband spends money on the Nichsei Melug of his wife he is not compensated for the money he put in regardless of the amount of Peiros that he ate before he divorced her.
If a person is married to a Ketanah who was married off by her mother and brothers if he spent money on the Nichsei Melug he receives a portion of the produce like a sharecropper in the event that she does Mi'un. (2)
Shmuel says if a person is captured his relatives may work his fields, but if he journeyed willingly his relatives may not work his fields.
If a person runs away because of debts that he incurred his relatives may not work his fields.
R. Nachman says if he ran away because he faces capital punishment his relatives may work the field.
Shmuel says if someone is captured and he left produce that is ready for harvest Beis Din appoints a caretaker to harvest the produce and after that the relatives may work the field. (3)
R. Huna says a Katan is not allowed to work the field of his relative who is captured because he may ruin it.
A relative or a relative of a relative may not work the field of a Katan because a Katan does not know to protest in the event that the relative claims that he was the one who inherited the field. (4)
A relative may not work the field or live in a house of a Katan whether he is a brother from the father or a brother from the mother whether there is a Shtar which documents the inheritance or not. (5)
A person who is unrelated to the Katan may work the field of the Katan because he may not make a claim on it because a person may not be Machzik on the property of a Katan even after he is a Gadol. (6)
If a woman who has three daughters was captured along with one of her daughters and one of the remaining daughters died leaving a child Abaye says the remaining daughter works half of the property and a caretaker is appointed to work the other half. (7)
Rava says since a caretaker is appointed to work one half of the property he is appointed to work the other half as well.
If they hear that the mother who was captured died the remaining daughter works a third of the property and the son of the sister who died works another third and the remaining third is given half to the sister and half to a caretaker. (8)
Rava says since a caretaker is appointed for half of the remaining third he is appointed for the other half as well.
If someone dies leaving children who are Gedolim and children who are Ketanim if the Gedolim appreciate the property the appreciation is share equally by all of them.
A BIT MORE
1. If it turns out that the rumor was false and he didn't die the inheritors may keep any produce they took and even if they heard that the owner is about to come back they may grab the produce that is in the field and eat it before the owner arrives.
2. Since there is a possibility that she will do Mi'un the husband will not want to invest in the field therefore he is given a share of the produce if she does Mi'un in order to make it worthwhile for him to take care of the field.
3. The Beis Din doesn't allow the relatives to work the field immediately because if the captured person comes back the relatives receive a share of the produce like a sharecropper and since the produce is ready to be harvested the Beis Din doesn't allow the relatives to claim a share and instead it is harvested by a caretaker and put away for the owner.
4. We are concerned that the relative will claim the field is his own and he was the one who inherited it from their father and even a relative of a relative such as if the Katan has a brother from his father who was born from a different mother and the brother has a brother from his mother even though the brother from the mother is unrelated to the Katan we are concerned he will claim it belongs to his brother who inherited it from his father.
5. Even a brother of the mother may not work on the field because of the concern that he will claim that the field was from the Nichsei Melug of the mother and the father of the Katan was Muchzak on it because he had a right to the Peiros of the property.
6. Even if a person has a Chazakah on the property for three years after the Katan became a Gadol it is not a Chazakah since he started the Chazakah while he was still a Katan and the Katan was not aware that it belonged to his father and therefore he did not protest.
7. We do not allow the remaining daughter to work the entire property because maybe the mother died and the son of the sister who died inherited his mother's share and a relative may not work the field of a Katan and therefore she may work only half of the field and not more because maybe the daughter who was captured died and each one inherited half. We don't allow the son of the sister who died to work the property at all because maybe the grandmother is alive and a Katan is not allowed to wok the field of a captured relative.
8. The remaining sister may work half of the field because she inherited at least a third and in the event that her captured sister is still alive she may work the third that belongs to her as well, however maybe the captured sister died and her share is inherited by the remaining sister along with the son of the sister who died therefore the remaining sister may not work more than half while the son of the sister may work on a third since he inherited the share of his mother and the remaining one eighth is worked on by a caretaker.
The Pasuk states that Yosef recognized his brothers but they didn't recognize him because he left without a beard. The Toras Chaim asks that his brothers Yisachar and Zevulun were only a year or two older than Yosef and it was likely that they also didn't have a beard at the time that he left so how did Yosef recognize them? The Toras Chaim answers that the Midrash states that Yosef ordered that everyone who entered Mitzrayim must write their names down upon entry and therefore Yosef was aware that he brothers arrived. Additionally, since Yosef recognized the older brother he recognized the younger brothers as well even though he had never seen them with beards.
A CAPTURED PERSON
If a person is captured and it is heard that he died and his inheritors split up the property between them it is not taken from them and the same is true if he ran away because of danger to his life. However, someone who went away willingly and it is heard that he died and the inheritors split up his property it is taken from them until they prove that he died. (Shulchan Aruch CM 285:1)
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