Bava Batra 122

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May 242017
 

How was the land divided – into twelve equal portions or by equal portions for each individual Israelite?  Some type of compensation (either in land or financial) took place by those who received greater portions or those who received portions closer to Jerusalem.    The land was divided by a lottery and the urim and tumim.  The gemara discusses how the process worked.  In Yechezkel, the future land distribution is discussed and the gemara discusses the differences and describes what the 13th portion mentioned there will be.  The next mishna describes similarities between sons and daughters regarding inheritance and also differences between when they inherit from their mothers or their fathers.  The rabbis have several attempts to explain in what aspect is the mishna referring to in making the comparisons between sons and daughters.

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Bava Batra 121

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May 232017
 

From where does Beit Shammai learn that hatarat nedarim can be done with 3 regular people (since he doesn’t hold by the gzeira shava of “ze hadavar”)?  What are the five reasons given for the celebration of Tu B’av?  There are seven people who together span all the generations?  From Adam to Eliyahu Hanavi, who, based on masoret, never died.

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Bava Batra 120

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May 222017
 

Study Guide Bava Batra 120

If the daughters of Tzlofchad got married so late, how did they have children?  A miracle happened to them and it is compared to Yocheved giving birth to Moshe at an old age.  The gemara explains the whole chronology of the Yocheved narrative and how it is clear she was so old when Moshe was born.  In telling the narrative, they also resolve other difficulties in the verses.   The daughters of Tzlofchad are mentioned twice in a different order each time.  The gemara explain what one can learn from this.  The daguhters of Tzlofchad were able to marry anyone they wanted, yet it was recommended they marry within the tribe.  however, a commandment was given to the other women in their generation who inherited land that they could only marry within their tribe.  This was a commandment only for that generation.  The gemara explains from words in the verse how we know it wasn’t forever and then questions that explanation based two other places where the same words are mentioned and the commandment is also for future generations.

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May 212017
 

In today’s daf the daughters of Tzlofchad are praised for their intelligence and for their ability to interpret texts (and their righteousness that they didn’t marry until age 40 – they waited until they found men who were worthy).  They weren’t afraid to stand up before the people and demand what they thought was rightfully theirs.  And as a result, they were respected and received what was rightfully theirs.  The Oral Torah, with the Gemara at its center, belongs to both men and women and should be taught and interpreted by both men and women to men and women.

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Bava Batra 119

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May 212017
 

How did the daughters of Tzlofchad inherit Tzlofchad’s double portion from his father if one only inherits a double portion that the eldest inherited in his lifetime?  One opinion is brought to explain what exactly it was that Moshe didn’t know with regard to both the daughters of Tzolfchad and the man who was chopping trees on Shabbat, both cases where Moshe had to turn to God for an advice.  This opinion minimizes what Moshe didn’t know.  He says that it was specifically regarding the double portion and not the inheritance in general.  The virtues of the daughters of Tzlofchad are delineated – their intelligence, their ability to interpret the verses in the Torah and their righteousness.

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Bava Batra 117b-118

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May 192017
 

How were the portions distributed when B’nei Yisrael got to the land?  3 different approaches are mentioned.  There were various people who didn’t receive portions such as the spies and those who followed Korach.  What happened to their portions?

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Bava Batra 116-117a

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May 182017
 

Rabbi Yochanan quotes an opinion of Rabbi Shimon bar Yochai saying that one who doesn’t leave sons to inherit, will be the subject of God’s wrath.  This leads to a discussion in the gemara relating to what kind of legacy one must leave – a son?  A student?  A son who follows in the father’s ways?  Rami bar Hama has some questions regarding cases of inheritance when there are no sons, daughters or father?  His questions derive from the last line in the mishna  – “The father comes before all those who descend from him.”   Who does the “him” refer to?  There is a tannaitic debate regarding how the land was diviided up when they reached Israel – based on those who left Egypt (over age 20) who were no longer alive when they entered the land or based on those who came to Israel?  Or based on both?

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Bava Batra 115

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May 172017
 

Study Guide Bava Batra 115

In the wake of the discussion between Rabbi Yochanan and Rabbi Yehuda, the gemara finds a contradiction of sorts in the mishna and resolves it.  The mishna discusses the order of inheritance – if one is not alive, it first goes to their descendants before it continues to the next level.  There was a big debate between the Tzedukim and the Rabbis about a case where there are 2 siblings – a son and daughter but the son is no longer alive and his daughter precedes his sister for their father’s inheritance.  The Tzedukim say that the sister and the granddaughter split it 50/50.  Rabban Yochanan ben Zakkai debates them and wins and sets the law according to traditional halacha.

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Bava Batra 113b-114

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May 162017
 

One cannot divide inheritance at night.  What exactly this statement means is explained by the gemara, based on a braita and a statement made by Rav Yehuda and Rav Hisda.  The statement of Rav Yehuda relates to the concept discussed in other places that a witness can’t also function as a judge.  What exactly is meant by a witness is a subject of debate among the commentaries.  When one makes a kinyan, there is a certain timeframe in which one side can change their minds.  What that timeframe is is a subject of debate between Rabba and Rav Yosef.   What type of kinyan the gemara is referring to is debated by the commentaries.   Why is the mishna repeating cases that can be inferred from the previous section?  Rabbi Yochanan says in the name of Rabbi Yehuda ben Shimon that a woman inherits from her son.  However Rabbi Yochanan questions that this goes against the mishna.  Rabbi Yehuda rejects our mishna and says that he doesn’t know who wrote our mishna!

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Bava Batra 112-113a

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May 142017
 

Study Guide Bava Batra 112

From where do we learn that a husband inherits from his wife?  Two different opinions are suggested.  One brings five verses to prove it and the gemara tries to explain why all five verses are needed.  Some of the verses are from a section in the Torah that dictates that a daughter who inherits land must marry someone from the same tribe.  Abaye raises the question of how is the problem resolved if she receives land from her mother, the land will pass out of the tribe (assuming her mother is from a different tribe).  Another halacha is brought that a husband only inherits land that the wife owned at the time of her death but if property is passed on to her after her death, (i.e. her father dies and she has no brothers), that land stays in her family.  The source for this halacha is brought (from some of the verses that were used in the earlier braita – that are now explained in a different way).

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