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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 146
BAVA BASRA 146 - dedicated anonymously by a Dafyomi learner in Alon Shvut,
1) THE POOR SUFFER
(a) Question: (R. Yehoshua ben Levi): "Kol Yemei Oni Ra'im" -
but he eats well on Shabbos and Yom Tov (we distribute
Tzedakah to the poor then)!
2) WHEN ARE "SIVLONOS" RETURNED?
(b) Answer: Even Shabbos and Yom Tov are bad for him, as
1. (Shmuel): A change from one's normal diet prompts
(c) (Sefer ben Sira): "Kol Yemei Oni Ra'im" - even the
nights, his roof is lower than the others, rainwater
falls onto his roof and drips inside;
1. His vineyard is the highest, its soil gets washed
onto others' vineyards.
(a) (Mishnah): If Reuven sent Sivlonos to his father-in-law's
house, even if he sent 10,000 Dinarim and he only ate
there one meal worth a Dinar, he does not get anything
back (even if there will be no Nisu'in, e.g. one of them
died or he decided to divorce her);
3) HOW MUCH "SIVLONOS" ARE RETURNED?
1. If he never ate there, he gets back what he sent.
(b) (Gemara - Rava): This is only if he ate a Dinar's worth;
if he ate less, he gets back what he sent.
2. If he sent much Sivlonos on condition that she bring
them to him at the time of Nisu'in, he gets back
what he sent.
3. If he sent a small amount for her to use in her
father's house, he does not get them back.
(c) Question: This is obvious, the Mishnah says 'A Dinar'!
(d) Answer: One might have thought, the same applies even if
he ate less than a Dinar's worth, the Mishnah gave a
typical case - Rava teaches, this is not so.
(e) Questions: The Mishnah says, if he *ate*, he does not get
anything back - what is the law if he drank?
1. The Mishnah says, if *he* ate - what is the law if
his messenger ate?
(f) Answer (and question against Rava - Rav Yehudah): A case
occurred, Shimon sent 100 wagons of wine and oil, vessels
of gold and silver, and silk garments. He came to the
door, they gave him a cup of hot water, he dank it
outside. He died before the Nisu'in; the Chachamim in
Usha ruled that those gifts that normally would not last
(until the Nisu'in, e.g. wine) are not returned, gifts
that normally would last (e.g. gold and silver vessels)
2. The Mishnah says, if he ate *there* - what if they
sent food for him and he ate it elsewhere?
1. This teaches that even if he drank, and even if he
consumed less than a Dinar, the gifts are not
(g) Answer (for Rava - Rav Ashi): Perhaps a gem worth 1000
Dinarim was ground up into the water (this is sometimes
done for a cure).
(h) Inference: The episode teaches that even if they sent
food for him and he ate it elsewhere, the gifts are not
(i) Rejection: Perhaps eating at the door to his
father-in-law's house is like eating in the house.
(a) Question: (When Sivlonos must be returned,) if they
increased in value, is the increased value returned?
1. Since if they are intact, they themselves are
returned, it is as if the Chasan's property
increased in value;
(b) This question is unsettled.
2. Or, since if they are lost or stolen she must return
their value, it is as if her property increased in
(c) Question (Rava): Sivlonos that normally do not last, but
lasted, what is the law?
(d) Answer #1: Rav Yehudah taught...Chachamim in Usha ruled
that gifts that normally do not last are not returned,
gifts that normally last are returned.
1. Suggestion: Gifts that normally do not last are not
returned, even if they happened to last!
(e) Rejection: No, only if they wore out, then they are not
(f) Answer #2 (Mishnah): If he sent a small amount of
Sivlonos for her to use in her father's house, he does
not get them back.
(g) Rejection (Rava): This refers to kerchiefs (they are
inexpensive, the Chasan pardons them - we cannot learn to
(h) (Rav Yehudah): A case occurred, a Chasan sent to his
father-in-law new wine, new oil and new linen garments at
(i) Question: What do we learn from this?
(j) Answer #1: The praise of Eretz Yisrael (he was able to
harvest new fruits before Shavu'os).
(k) Answer #2: If a Chasan will make such a claim (that he
sent new wine...at Shavu'os) we do not say that surely he
(l) (Rav Yehudah): A case occurred, people told a Chasan that
his wife cannot smell (this is a blemish, it invalidates
the Kidushin). He entered a ruin with a radish (some say,
a date) to test her.
4) "MATNAS SHECHIV ME'RA"
1. The ruin collapsed, and she died.
(m) (Mishnah): If he sent a small amount of Sivlonos for her
to use in her father's house...
2. Version #1 (Rashbam): (She was fully married to
him.) Chachamim ruled, since he was testing her (and
planning to divorce her), he does not inherit her.
3. Version #1 (R. Tam): (She was only Mekudeshes. Even
though it was his ruin,) Chachamim ruled that since
he only entered to test her (not for the sake of
Nisu'in), he does not inherit her.
(n) (Ravin Sava): Whether he or she died or he retracted, the
gifts are returned, food and drink are not returned;
1. If she retracted, even bundles of vegetables are
(o) When returning (money in place of) food, we evaluate meat
according to the cheaper price.
(p) Question: How much is that?
(q) Answer: A third less than what it sells for on the market
(a) (Mishnah): If a dying man gave away all his property and
retained a small amount of property for himself, he
cannot retract (it is like a gift of a healthy person);
(b) If he did not keep property for himself, he can retract.
(c) (Gemara) Question: Who is the Tana of the Mishnah, that
goes according to estimation (of a person's intention,
that he only gave all his property because he did not
expect to live)?
(d) Answer #1 (Rav Nachman): It is R. Shimon ben Menasiya.
1. (Beraisa): Reuven went overseas, his father heard
that Reuven died, he wrote all his property to
others. Later, Reuven returned - the gift stands;
(e) Answer #2 (Rav Sheshes): It is R. Shimon Shezuri.
2. R. Shimon ben Menasiya says, the gift is void - had
he known that his son was alive, he would not have
1. (Beraisa): At first, they used to say that if a
person was being led to his execution and said
'Write a Get to my wife', we write and give it
(surely, he wanted us to give it, he forgot to say
this because he was distracted);
(f) Question: Why didn't Rav Nachman establish our Mishnah
like R. Shimon Shezuri?
2. Later they said that this also applies one who is
boarding a ship to go overseas or leaving with a
3. R. Shimon Shezuri says, this also applies to a dying
(g) Answer: There, he said 'Write' (which shows that he wants
to divorce her - here, he did say anything showing that
the gift was conditional).
(h) Question: Why didn't Rav Sheshes establish our Mishnah
like R. Shimon ben Menasiya?
(i) Answer: There, certainly, had he known that his son was
alive, he would not have given to someone else; here, it
is not so certain that the gift was conditional.