Bava Batra 105

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May 072017
 

If someone says I am selling you land the size of a beit kur measured out with a rope give or take, what did the seller mean to say?  Is the second part of his statement showing he/she changed their mind or is it keeping open both possibilities?  Ben Nanas says we hold by the last thing one says.  Rav says that those who disagree with him, hold that we split the difference 50/50 since we don’t actually know what the seller intended.  Shmuel says that those who disagree say that we side with the one who has the land in his possession (in the case in the mishna it’s the seller).  The gemara brings various cases where the same issue is raised and uses it to see who Rav and Shmuel side with in this debate.

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Bava Batra 103

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May 052017
 

One who sells a field – if there are parts with cracks or rocks, is it included in the field or not.  A mishna from Erchin is brought where the same measurements are brought regarding someone who consecrates a field from a sdeh achuza that has cracks and rocks.  However that mishna is explained as referring only to cracks where nothing can be planted as they are filled with water, but our mishna is referring to any kind of cracks as they make it difficult for the owner to plow.  The mishna discussed the height of the rocks but not the area of space that they take up.  This is further discussed by the gemara.   The next mishna discusses the difference between one who said he/she is selling a certain measurement of a field measured by a rope vs. someone who said they are selling a measurement give or take.  The gemara questions what the in-between case would be – if he/she just said he/she is selling a field of a particular size without specifying more than that.

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Bava Batra 102

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May 042017
 

A mishna is brought from Ohalot and Nazir which seems to have measurements of burial caves that don’t match either Tanna Kamma or Rabbi Shimon in our mishna.  The gemara tries to figure out how to connect the opinion in the mishna with one of the opinions in our mishna.  The next perek begins with a discussion of someone who sells a field and specifies the size but some of the field is not worthy of planting.  Does one need to provide the exact amount specified of ground that can be used for planting?

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Bava Batra 101

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May 032017
 

If someone buys a burial cave or hires someone to build him a burial cave, what are the minimum measurements assumed and how many burial spots are assumed one will build for him within the cave (in the case where one hires a developer)?  Several questions are raised regarding the opinion of Rabbi Shimon in the mishna relating to how the number of caves and graves according to his opinion could actually fit in the space.  A few answers are given.

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Bava Batra 100

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May 022017
 

If one takes over a public path going through his property and provides an alternate path, he is not allowed to do that.  However, once he designated an alternate path, he can no longer reclaim it as his own.  Why is that the case?  Regarding the cases in the mishna of the minimum size for an individual’s path, public path, etc., some alternate opinions are brought as well as some other cases not mention ed in the mishna and some explanations for some of the sizes.  Details regarding the ceremony of standing and sitting following a funeral are brought.

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Bava Batra 99

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May 012017
 

How did the cherubs (cruvim) fit in the kodesh hakodashim?  There seems to be a problem with the measurements which lead Shmuel to say that they miraculously didn’t take up space.  However many other rabbis provided alternate solutions so as not to conclude there was something miraculous going on.  When one has a pit in another’s property and has an access route or an inner garden within an outer one, what are his rights to that path?  If one had a public path going through his property and made it his own and made a different public path on the side of his property, is that valid?

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Bava Batra 98

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Apr 302017
 

If one sells wine and it goes bad, whose responsibility is it?  The mishna says the seller is not responsible.  However there is a debate among the amoraim about whether this is always the case.  What is the minimum measurement for a small house for a young couple or widowed daughter?  What about other types of houses? A cowshed?  A banquet hall?

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Bava Batra 96

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Apr 282017
 

What blessing do you make on wine that is sold in the stores, i.e. starting to turn to vinegar?  There is a debate whether it’s borei pri hagafen or shehakol.  Rav Yosef brings a braita to clarify how we pasken,  However, the braita had several interpretations and therefore it was unclear what he meant.  If one purchases wine and it goes bad soon after, is the seller responsible to give the buyer new wine?  What is the halacha regarding wine that was made from the leftover grapes that had already been used for making wine – is it considered wine or not?

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Bava Batra 95

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Apr 272017
 

Study Guide Bava Batra 95

More attempts are brought from tannaitic sources similar to our case to prove Rav Huna’s opinion that if the bad parts mixed in with the produce add up to more than the permitted percentage, one can demand compensation for all of them. However, each comparison as rejected and the gemara explains why each case if different.  The gemara tries to analyze what the seller stipulated in the case in the mishna regarding a sale of wine cellar – was it “wine in a cellar,” “wine in this cellar” or “this cellar?”  A braita stipulating the halacha in these 3 cases are brought as well as a different version brought by Rav Zevid.  These are discussed and reinterpreted in order to fit with the mishna and with each other.

 

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Bava Batra 94

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Apr 262017
 

Study Guide Bava Batra 94

When one sells produce, what percentage of bad produce can we assume will be mixed in and therefore the buyer has no rights to claim compensation from the seller for it.  According to Rav Huna, once one goes over that percentage, one has to compensate for all the bad produce – even the percentage that would have been allowed had the seller not gone over.  Various sources are brought to either support or contradict Rav Huna – however, they are all rejected as the case can be looked at in various ways.

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