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Bava Basra 72

BAVA BASRA 71-75 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.


(a) Question: R. Shimon does not hold like R. Akiva!
1. (Beraisa): If one was Makdish three trees spaced out like 10 trees spread over a Beis Kor (the amount of land in which a Kor of seed is sown), he includes the land and trees between them;
i. Therefore, he redeems them (with the land) according to the fixed rate for redemption of land, 50 silver Shekalim for a Beis Kor.
2. If they are spread out more or less densely, or if he did not Makdish all three at once, he did not Makdish the land and trees between them; therefore, he redeems them according to their value.
i. Even if he later was Makdish the land and trees between them, he redeems the (first) trees according to their value, and the land according to 50 Shekalim for a Beis Kor.
3. Question: Who is the Tana of this Beraisa?
i. It is not R. Akiva, he says that a person sells generously, all the more so he is Makdish generously (the land would be Hekdesh even if he did not Makdish all three at once)!
ii. Nor is it Chachamim, they say that a person sells stingily, but they admit (in the Mishnah) that he is Makdish generously!
4. Answer: It must be like R. Shimon.
5. Question: What is R. Shimon's opinion about selling?
i. It is not like R. Akiva, for then all the more so he is Makdish generously!
6. Answer: He must hold like Chachamim, a person sells stingily;
i. R. Shimon says that also he is Makdish stingily, and keeps land for himself.

7. Summation of question: R. Shimon said that the trees nurture from Hekdesh; we cannot answer (for Rav Huna, end of 71B) that R. Shimon holds like R. Akiva!
(b) Answer: Rather, R. Shimon addresses Chachamim according to their reasoning: I say that just as a person sells stingily, he is Makdish stingily, and keeps land for himself;
1. Granted, you say that he is Makdish more generously than he sells, but you should admit that he (is not as is generous as one who gives, he) is only Makdish grafted carob and sycamore stumps (for they will nurture from Hekdesh, but not pits,...)
2. Chachamim disagree, he is Makdish as generously as he gives.
(a) Question: But the end of the Beraisa is not like R. Shimon!
1. (Beraisa): Even if he later was Makdish the land and trees between them, he redeems the (first) trees according to their value, and the land according to 50 Shekalim for a Beis Kor.
2. According to R. Shimon, the trees should be redeemed with the land!
i. (Beraisa - R. Yehudah): Reuven bought a field from his father Yakov, and was Makdish it; Yakov died. It is now considered an inherited field (whose redemption is fixed, 50 Shekalim for a Beis Kor);
ii. We learn from "Asher Lo mi'Sede Achuzaso" - redemption (according to the value) only applies to fields that were not fit to be inherited (but he would have inherited this had he not bought it)!
iii. R. Meir says, if Reuven bought a field from his father Yakov, and Yakov died, and then Reuven was Makdish it, it is considered an inherited field;
iv. We learn from "Asher Lo Mi'Sede Achuzaso" - a field that was not inherited when he was Makdish it (but this field he inherited - before his father died, the field was due to return in Yovel). (End of Beraisa)
v. R. Yehudah and R. Shimon did not need a verse for R. Meir's case, they expounded it to teach their case.
vi. Question: What is their source (when Yakov died before Reuven was Makdish it)?
vii. Answer: They hold (from reason) that we follow the redemption (since at the first time it could be redeemed it was inherited, it is like an inherited field).
(b) Answer (Rav Nachman bar Yitzchak): Really, they do not hold that we follow the redemption;
1. They expounded the verse to teach their Chidush: if it only came to teach like R. Meir, it should have said 'Lo Achuzaso' or Lo Sede Achuzaso';
i. Rather, it says "Mi'Sede Achuzaso", it was not even fit to be inherited.
(c) (Rav Huna): Grafted carob trees and sycamore stumps are considered trees, and are also considered land;
1. They are considered trees - if one was Makdish or sold two (regular) trees and one of these, the land between them is included;
2. They are considered land - they are not sold along with the land.
(d) (Rav Huna): A sheave the size of Sa'atayim is considered a sheaf, and also a stack;
1. It is considered a sheaf - two sheaves are Shichchah (if forgotten, one may not return to take them), if this big sheaf was forgotten with them, they are not Shichchah;
2. It is considered a stack, it itself is never Shichchah.
i. (Mishnah): If one forgot a sheaf that is Sa'atayim, it is not Shichchah.
(e) (Rabah bar bar Chanah): R. Menachem b'Rebbi Yosi and Chachamim argue whether or not one who is Makdish a field includes grafted carob and sycamore stumps.
(f) Question: Why didn't he say that R. Shimon and Chachamim argue about them?
(g) Answer: He teaches that R. Menachem b'Rebbi Yosi holds like R. Shimon.
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