POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 92
BAVA BASRA 91-95 - 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.
***** PEREK HA'MOCHER PEIROS ****
1) FOLLOWING THE ROV IN MONETARY MATTERS
(a) (Mishnah): Reuven bought Shimon's fruit and planted it,
and it did not grow, even flax seeds - Shimon is exempt;
(b) R. Shimon ben Gamliel says, if he bought seeds that are
not (normally) eaten, Shimon is liable.
(c) Reuven sold an ox to Shimon; it was found to be a gorer.
1. (Rav): The sale is mistaken (and therefore void).
2. (Shmuel): Reuven can say, I sold it to you to
slaughter (the sale is valid).
3. Question: Let us see if Shimon buys oxen for plowing
or for slaughter!
4. Answer: The case is, he buys for both.
5. Question: Let us see if he paid the price of a
plowing ox or an ox for slaughter!
6. Answer: The case is, the price is the same for both.
7. Question: If so, what difference does it make if the
sale is valid or not?
8. Answer: Whether or not Shimon must toil to sell it,
or if he can demand that Reuven refund the money.
9. Question: If Reuven has nothing else to give Shimon
in place of the money he owes, he may give him the
(d) Question (against Rav - Mishnah):Leah was widowed or
divorced; she claims that she was a Besulah when she
married Reuven, (so her Kesuvah is 200 Zuz), he (or his
heirs) claim that she was not (so her Kesuvah is 100):
10. Answer: The case is, Reuven has other money.
i. Rav says the sale is mistaken - we go after the
Rov, most people buy oxen for plowing;
ii. Shmuel says he can say, I sold it to you to
slaughter - we only go after the Rov in
prohibitions, not in monetary matters.
1. If witnesses testify that she had a Hinuma (a canopy
of myrtle, or a veil over her eyes), or her hair was
uncovered (the custom of Besulah brides) she
(e) Answer (Ravina): Most women are Besulahs when married, a
minority are not; every Besulah that gets married has a
Kol (people remember it);
2. Inference: If she does not have witnesses, she only
3. Summation of question: Why don't we follow the Rov,
most women are Besulahs when married?!
1. Since Leah has no Kol, this weakens the Rov (we do
not follow it).
(f) Objection: If every Besulah has a Kol, and Leah has no
Kol, we should not believe witnesses, surely they are
(g) Correction: Rather, most Besulahs that get married have a
Kol; since Leah has no Kol, this weakens the Rov.
(h) Question (Beraisa): If Levi sold a slave to Yehudah, and
the slave was found to be a thief or Kuvyustus (Tosfos -
diceplayer; Rashi - kidnapper), the sale stands;
1. If he was found to be an armed robber or sentenced
(by the kingdom) to die, the sale is invalid;
(i) Answer: No, all slaves are.
2. Suggestion: In the first clause, the sale stands
because most slaves are thieves or Kuvyustus (which
proves that we follow Rov with regard to monetary