ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 102
BAVA BASRA 101-105 - 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) The Mishnah in Ohalos states that if one finds an unknown corpse buried
in a regular position, in a place that one wishes to use for Taharos, 'Notlo
ve'es Tefusaso', and the same applies to two corpses. We learn from the
Pasuk "u'Nesasani mi'Mitzrayim" - that when one relocates a corpse, one must
also relocate it together with 'Tefusaso' (three Tefachim [finger breadths,
see Hagahos ha'Bach]) of earth.
(b) The corpse does not automatically acquire his place - because (based on
the fact that it is not a burial-ground), we assume that it was buried there
only temporarily (because he died on Erev Shabbos close to dusk, and there
was no time to bury him in his rightful burial place), to be re-buried later
(see Ritvo why we do not contend with the possibility that it is a Meis
Mitzvah, who acquires his place anyway).
(c) If the dead person had obviously been killed (e.g. if the corpse was
cut up) - he would be moved without the earth.
(d) The same would also apply if the corpse was not lying in the regular
position of burial - because then we would assume that the corpse was that
of a Nochri.
(a) Someone who discovers a Shechunas Kevaros, is not permitted to move the
corpses at all. A Shechunas Kevaros comprises - three corpses lying side by
side, with not less than four Amos between the first and third corpse and
not more than eight.
(b) The size of a burial cave, according to this Tana - is four by eight
(c) One will then be able to fit into ...
1. ... the wall of four Amos - three Kuchin.
(d) And this Tana requires ...
2. ... one of the walls of eight Amos - six Kuchin.
1. ... two Tefachim between one Kuch and the other (see Tosfos DH
2. ... one Tefach between the last Kuch on any of the sides and the corner.
(a) If one discovers a Shechunas Kevaros, one is obligated to search -
twenty Amos diagonally from the northernmost corpse towards the south (on
the assumption that it is the first of the six Kuchin on the side adjacent
to the Chatzer), and from the southernmost corpse towards the south (since
one has no way of knowing in which direction the Me'arah is situated). Note,
it is unclear why, if the three corpses are four Amos apart, one does not
assume that they are from the side facing the Chatzer and search to the
right, to the left or opposite (twenty Amos away in either direction,
according to the Rabbanan [see Tosfos Yom-tov Nazir 9: DH 'Bodek Heimenu').
(b) Even if the three graves are within eight Amos, and not four Amos apart,
one needs to search further than the next grave site - because, even
assuming that one does not find a Kuch there, we do assume that it cannot be
a Shechunas Kevarim, in case there was an unoccupied Kuch there that caved
(c) If one finds another corpse twenty Amos away - one is obligated to
continue to search twenty Amos beyond that, 'she'Yesh Raglayim le'Davar'
(there is sound reason to believe that the entire area has been designated
as a Shechunas Kevarim).
(a) The dimensions of a burial-cave are four by six Amos according to the
Tana Kama of our Mishnah, and six by eight Amos according to Rebbi Shimon.
The author of the Mishnah in Ohalos is - Rebbi Shimon ben Yehudah Amar Rebbi
Shimon, who differs from our Tana's opinion in Rebbi Shimon.
(b) Rebbi Shimon ben Yehudah Amar Rebbi Shimon, argues with the Tana Kama in
a Beraisa who rules that if someone found many corpses with less than four
to eight Amos between them - they have the Din of individual corpses and not
of a Shechunas Kevaros.
(c) Whilst Rebbi Shimon ben Yehudah Amar Rebbi Shimon rules - that we
consider the excess bodies as if they were not there, giving the remaining
ones the Din of a Shechunas Kevaros.
(a) The problem from the Seifa ('Bodek Mimenu u'Lehalan Esrim Amah') with
the Reisha, which we established like Rebbi Shimon is - that, according to
Rebbi Shimon, he ought to search, not twenty Amos, but twenty-two (sixteen
Amos along the walls of the two Me'aros, and six Amos along the Chatzer
[which itself, does not of course, require searching).
(b) Nor does it seem any better to establish the Seifa like the Rabbanan,
according to whom eighteen Amos should suffice (twelve Amos along the walls
of the two Me'aros and six along the Chatzer).
(c) We do in fact, establish the Seifa like the Rabbanan, and we resolve the
problem - by requiring the search of the cave to be performed diagonally (in
case the corpses are not all the same size or the Kuchin are not all level.
(d) This enables us to arrive at twenty Amos - because, just as the
hypotenuse of a triangle whose two short sides is two Amos more (5x1/5), as
we explained earlier, so too, will the hypotenuse of a triangle whose short
sides are six by four (the cave times the length of the Kuch) will be two
Amos more than the longer side, making it eight Amos. This is most strange,
since we know that the hypotenuse of a triangle of six by four Amos is a
little over seven Amos, only a fraction more than that of one of five by
five Amos (see also Tosfos at the foot of the Amud).
(a) We query the previous answer however inasmuch as if that was the case -
then again, he ought to search twenty-two Amos, seeing as one would assume
that he searches the second cave diagonally, just as he did, the first.
(b) We resolve this problem however - by answering that Chazal did not
obligate him to search the second cave diagonally (since he found nothing
more in the first cave), and eighteen Amos will suffice.
(a) Rav Shisha B'rei de'Rav Idi whom we cited earlier, establishes the Seifa
too, like Rebbi Shimon, and he accounts for having to search twenty Amos and
not twenty-two - because the bodeis that he found were those of still-born
babies, in which case we assume that the cave in which he found them was
designated for still-born babies, whose measurement is six by six Amos
(according to Rebbi Shimon).
(b) Nevertheless, we do not assume the second cave too, to be for still-born
babies, in which case eighteen Amos ought to suffice - because it is unusual
to designate both caves in one Shechunas Kevaros for still-born babies.
(a) We learned in the Mishnah in Kil'ayim 'Kerem she'Natu'a al Pachos
me'Arba Amos, Rebbi Shimon Omer, Eino Kerem' - because since the trees are
so tightly packed, it is not considered a vineyard.
***** Hadran Alach 'ha'Mocher Peiros' *****
(b) The Chachamim rule - Harei Zeh Kerem, ve'Ro'in es ha'Emtza'ayim Ke'ilu
(c) We will reconcile ...
1. ... Rebbi Shimon there with Rebbi Shimon in the Beraisa that we cited on
the previous Amud (regarding many corpses that someone finds with less than
four to eight Amos between them) 'Ro'in es ha'Emtza'ayim Ke'ilu Einan,
ve'ha'Sha'ar Mitztarfin ... ' - because on the one hand, someone may have to
bury a corpse close to dusk on Erev Shabbos, with the intention of
relocating the corpse at a later date, whereas on the other, nobody plants
trees with the intention of relocating them (and since he planted them
permanently, the excessive number of trees negate the Din of a vineyard).
2. ... the Chachamim with the Chachamim there, who say 'Yesh Lahen Tefusah,
ve'Ein Lahen Shechunas Kevaros' - because on the one hand, people sometimes
planted many trees with the intention of pulling out those that do not grow
well, whereas on the other, since so many corpses are buried in close
proximity, it is disgusting and is not called burial.
***** Perek Beis Kur *****
(a) Our Mishnah discusses a case where Reuven sells Shimon land the size of
a Beis-Kur of earth. If ten Eifah comprise a Beis-Kur (a Chomer) ...
1. ... three Sa'ah comprise an Eifah (a Bas).
(b) Ditches and rocks that are at least ten Tefachim deep or tall
(respectively) are included in the sale, whereas those that are less, are
2. ... thirty Sa'ah comprise a Beis-Kur.
(c) In addition to being at least ten Tefachim deep or tall - they must also
be at least four by four Tefachim wide (like we find with regard to
Shabbos) to be precluded from the sale.
(d) The reason for the above ruling is - because a purchaser who buys one
field (in order to sow, as 'Beis-Kur Afar' implies), wants to be able to
plow and sow what he bought in one go, and not as if it were two fields.
(a) If he ...
1. ... omitted the word 'Afar' - then the purchaser would have to accept the
land even if it consisted of nothing but ditches or rocks (because maybe he
sold it to him to build on or to spread out fruit to dry [and the purchaser
has the underhand]).
(b) And if he said '*ke*'Beis-Kur Afar ... ' - then Shimon would have to
accept even ditches that were deeper than ten Tefachim and rocks that were
more than ten Tefachim tall - because besides the *ke* being superfluous,
ke'Beis-Kur also implies a Beis-Kur as is.
2. ... said 'Beis-Kur Karka ... ' - then the purchaser would have to accept
the land, even if it consisted of nothing but ditches or rocks.
(c) The word 'Afar' that he mentioned - stresses that he is selling him the
land for plowing and sowing, and that consequently, Shimon is not obligated
to accept infertile land that exceeds four Kabin (two-thirds of a Sa'ah)