Good evening, I hope you're all doing well.Today we're learning the Tzechas Bava Basra, Davkuv Lamites.Tonight we're going to be learning the Iloy Nishmas, Rana Weinstock.
Tonight is her shloshim, and there will be a program that her family will be celebrating this evening, which is why I won't be able to be giving shiur in person tonight, which is why we are recording now.
Yehi ratzon, that her neshamah should have an aliyah. The Mishnah writes, a person passes away and he leaves over children who are above the age of Bar Mitzvah and below.No one's allowed to take money from the estate before it's divvied up.
Everyone has to take care of themselves from their own dollars.So that means the Gedolahim, they can't take money from the estate which will reduce the halukah of the younger children.And the reverse is also true.
The children are not allowed to go buy food with the broad estate dollars.Whatever their halukah is, that's what they have to use to feed themselves.And then they can do with their money as they see fit.
If older ones get married, younger ones can get married.A little cryptic and then contradicted by the next line.We want to get married the same way you did.We don't listen to the younger children.That's only what the father says.
Next part of the Mishnah speaks about a similar scenario, but where someone only left over daughters.A person left over girls who were bas mitzvahed and girls who were katanos.Same as before.
We divvy up everything and then everyone can spend their money as they see fit.Try to stay within budget.But on my side, we don't allow for people to take from the estate before the Chalukah.
And then after that, everyone can spend their money as they see fit.Last of the short lines.Same line as before.The older girls can get married as can the young ones.We don't listen to the younger ones.Again, this is very cryptic.
We don't know what it means.The Gemara will explain. Finally, the last case of the Mishnah is, There is a chumrah by girls that doesn't apply to boys.Daughters are able to take food from the estate, from the Yerusha that's given to boys.
We know, of course, in the pecking order that boys get the Yerusha before the girls.But one thing that's built into that is that the girls are fed from the boys' Yerusha.
However, if there are only girls, then the younger girls do not get fed by the older girls.That's Chalcos Peshavah, like we saw earlier in the Mishnah. We see something that seems to contradict with our Mishnah.
There's an older brother, and he was clothed and he was covered based on the money from the estate.Namely, he took money before the halukah.It says that if he did it, it works.He's allowed to do it, it seems. It says in the Gemara, how can that be?
That our Mishna, right here on the top of the page, says that it's not allowed.You're not allowed to take stuff from the estate.So how in the world can Rava say that in such a case it should not be allowed?
What we're talking about over here is a Sircha, and the Rosh Baam, three lines into the white line, says Adam Batel.He's a nebuch. He's a nebach and he's not allowed to do this.Who cares what kind of son it is?It doesn't matter.
We shouldn't say that this guy is allowed to take from the estate.
We might have thought that this guy who dresses like a homeless person, he's got holes in his clothes, we might have thought that maybe we would be concerned that we don't want him to look like a menubal komashmul and we don't care.
You're not allowed to take from the children.You're not allowed to do that. But what's much more from here is that a regular person, who isn't an Adam Batel, Bediyeved is allowed.That's what is learned from the Din of Rava.
At the two dots, halfway down, on Kuvla Matasim, what does this cryptic Gemara mean?This is Peshat in the Mishnah, and this will explain the two cases of the Mishnah when it speaks about marriage.And here's the addition.
If the older child, a Godel, gets married after the father dies, they can all take from the estate in those cases.No problem at all.If the older children got married while the father was still alive,
When the Kitanim got married, after the father died, and they said, We want to get married the same way you did.Tati spent $200,000 on your wedding.We don't want to reduce the Yerusha by that much because of that wedding.
Whatever they have in their estate and their halukah, that's what they can use.But they cannot reduce the total volume of the Yerusha. Simply because prior to the father's death, the gadol got married at a $200,000 wedding.
The katan cannot demand that after the father's death.He can only use his own halukah.So she basically brought a debt into the marriage.
When the baal, and this is really a broader shaylin shas, that when a husband gets married, what is his relationship to the nixei meluk?We know, of course, that a woman can bring into the marriage nixei meluk.
That's property that technically she owns.But the husband is allowed to benefit from the peros.So when that's brought into the marriage, is that like he's a lokeach?
Or, no, it's actually more like a Yerusha, because this woman's father died, the woman who loves her father died, so the money that comes in is hers.How does he relate to the Nechse Melug?Is he a Yoresh, or is he a Lokech?
Do we say he's a Lokech, because he's really a buyer?And because she had Alva, so then the people who wanted to come collect cannot come collect from the husband, because he's not a Yoresh, he's a Lokech, he's a purchaser.
There's nothing you can do about that, because it's a mill valve pit, and the fact that he's a lokach is stronger than a mill valve pit.Odilme, do we say yoresh haveit, that in fact the person's a yoresh?
And really, because it's a Yerusha, and because she brought in a debt to the marriage, and now the husband Taka does have to be, he's not a Lukech, he's a Yoresh, which one is it?
We're going to see over the next 15-20 lines of Gemara, as we wrap up to the top side of Kufla in the Testament days, that this is not simple.And we're going to see a bunch of Sheetahs, Lakan, Ulakan, that maybe he's a Yoresh, Maybe he is a Lokeach.
Answer number one.How do we understand these words?That if the Godel got married, the Gdola got married, that the Kitana could get married.
It doesn't just mean that if the older daughters, the Gdolas got married to a man, that the Kitanos can take money to get married from the bow of their older sister.Namely, it's a Yerusha. You misunderstood.It's not what that means at all.
But really, they can just take it from the estate.That's what it means.Like we understood the Pashtas and the Mishnah.Is that really true?He taught exactly like the first version of this understanding of our Mishnah.
That the daughters who are younger when they get married, are allowed to take from the older sister's husband's money.It looks like a Yerusha yet again.So we went from Yerusha to Lokeach to Yerusha.We don't know which one it is.
Perhaps it's different.Perhaps really we could say that not that the husband of the older sister, the older sister is a is a lokech, or a yoresh.Maybe he's not a yoresh at all, maybe he's a lokech.
But the fact that the daughters are allowed to take is because parnasi is leikolam.Because everybody knows that the daughters have to get, the younger sister has to get fed from the older sister.She has no money, so it comes from the pal.
Could just be that he's a lokech, but we don't know. Isn't this what Raven sent in his letter?Now listen, where does the Yerusha go?We know the pecking order.It's not to the wife, it goes to the daughter.
So, yes, the Yerusha goes to the daughter, but the Almana is Nizon.She gets to be fed from the Yerusha.Now, let's say Nisei Sabas, the daughter gets married, her Yerusha goes with her, and it goes to the husband.
Still, the widow is allowed to be fed from the Yerusha, even though the Yerusha went to the daughter, and now the Yerusha is really the husband's.
Now, let's say the daughter dies, and the only people left in the family are the widow, the mother, and the son-in-law, because the daughter died, so it's the mother-in-law whose husband died, and the daughter who died, and now her husband.
So just the two of them. that we're able to see that really the food still goes back to the mother from the son-in-law.Aye, the daughter's dead.So says the Gemara over here, what does that mean?That even if the daughter dies, she still gets it.
That means that there's an aspect here of Yerusha.
Now, if you want to say that the way we look at a husband's interaction, the husband's status, I should say, with money that comes from a wife, then I understand why the mother-in-law is able to still be yoresh from the son-in-law.
But if in fact he's a lokech, why does that son-in-law have any obligation?He should be a mensh.But why does he have a halachic obligation to feed his ex-mother-in-law?It's not a Yerusha. It must be that it's a Yerusha.
I would have already had a presumptive opinion.Why?Because, bottom line of Kuf Lamateh, we have a Mishnah.This is a Mishnah that we have not yet seen, and this is in the Choros.We'll get there in a year or two.It says,
The following things are not chosah ha-yovel.Ha-bechora, the bechora never goes back to yovel.So that's what the Rashbam says on the bottom.It's considered a gift, it doesn't go back.And turning to the top of Kuplam and Testament days.
Heading to the end of the Perek.And then we will continue to learn up to the top of Kuvmem.That gets kept.So what we see is that it's a Yerusha.
We see that a husband's relationship with the money that he receives from the wife is that it's a Yerusha, not a Lokeach.Even if he sent the letter, either way, we still have sources that conflict.
Here we see that if a woman sells her Nixei Melug while the husband is still alive, and then she dies, the husband can then go and collect the Nixei Melug, the Raya that he's a Lokeach. So really, we've ping-ponged back and forth.
Is the husband a Lokech, as it relates to the Nixei Melug of the Isha?Is he a Yoresh?Lokech?Yoresh?Lokech?Yoresh?We don't know.A lot of different sheetans.So then the Gemara gives a wild answer.
In Lamedes, we would have to spend some time on this, because it's really not normal.It says the Gemara, five lines down on Kufla in the Testament of Bezal. Sometimes a husband is treated like a Yoresh, and sometimes he's treated like a Lokech.
And how do we know when to employ which status?So it says in the Gemara, whenever it's good for him, so then that's the one that we do.The Gemara goes through the three examples we just discussed.We didn't want him to have to lose out.
Gabi, the case, the Reb Yossi, B'Reb Hanina, where she sold the Nechsei Meluk b'Chai Baila, Shaviyu Rabonon, Kelokech Mishum Pseidu De Day.We didn't want him to lose everything, so it's a Pseidah, so it's able to do it.
And Gabi, the Rabin, in regards to the case of Rabin, where the daughter died and only the mother-in-law and the son-in-law were alive, there we said, he's like a Yoresh Mishum Pseidu De Almona, Shaviyu Rabonon Ki Yoresh.
We didn't want the mother-in-law to have nothing.So basically, we kind of finagle a little bit.We say sometimes the Baal is like a Yorosh and sometimes they look like he's like a Lokeach.
says the Gemara, even if we could understand this just on the surface level, let's assume that we do, but even if we can, but I don't understand.
In the case of the Nixei Melug, where the wife sold the Nixei Melug, and now you want to say that he's allowed to get it back because he's a Lokeach,
You're right that perhaps we're able to vacillate between these two realities, that the Baal is the Lokeach and the Baal is the Yorosh.But in this case, it negatively impacts the Lekuchos.
Your arbitrary presumption that this guy is now going to be a Lokeach means he can go take the money out of your property. But if he was a Yoresh, he wouldn't.So now it's impacting other people.
So it says the Gemara, you're right, it's impacting other people.But the people who bought the Nixei Melug from the woman made a huge error.And the Gemara calls them out.
They brought the loss upon themselves by simply buying it from a woman who's still married. that that should be a reasonable purchase.This is the nixei meluk that she brought to the marriage.She's not allowed to sell it.
And they, the purchasers, should have thought that if she's going to be selling something, you've got to make sure that you're buying something viable.Is this nixei meluk?Do you have full ownership of this?
Since there was a husband around, they shouldn't have purchased something from a woman who was literally under a man, literally was in a marriage.That's not the right way to do things. So that's why it's not a Stiran.
The Gemara therefore concludes that we in fact do have a dual reality.
That sometimes a Lokeach, sometimes a Baal is considered a Lokeach, sometimes a Baal is considered a Yoresh, and depending on where the greater loss is, is how we will then determine which one he is. We finished a difficult parak.
This was the eighth parak of Maseches, Baba Basra.We are more than halfway through the Masechta, another 50 blot or so, 40 blot or so actually.And Yehi Rutzim, we should come back to this daf in seven and a half years.
Let's get started on the next parak, a quick piece of Mishnah and Gemar, and then we'll pause for the day. A man dies and left over boys and girls.
When there are a lot of properties left over, X number of dollars, we'll see how the Gemara will define Merubin.The boys get the Yerusha per the Psochem and Chumash, but the girls are fed from the estate. Fine.
But if we're below the threshold of what is called Merubin, again, a measure that we'll soon see in the Gemara, but if the estate is only mu'atim, then the girls get all the money, and the boys get nothing, and they have to go knocking door to door.
This was a Tana.Admon says, Just because I'm a Zohar, I lose out?So Amor Rabban Gamliel, you're right, something is not right about this.And we don't yet know what his shite is and we'll have to spend some time analyzing it.This part won't be today.
But let's first understand the threshold of Merubin and Muatan.Says the Gemara, 10 lines from the bottom of the page on Kuflam and Testament days.How much is considered to be above the threshold whereby
The boys get the Yerusha and the girls are Nizones from the men.It says, It's grocery bill for 12 months.So, if you're grocery bill for 12 months, let's say there's 3 boys and there's 3 girls, 6 people.Each of them need $100 of food per month.
That is going to be 6 people, $600 a month times 12 months.Very good. He said, Merubin is not for 12 months of measure, it's much longer.Until they become adults, it's not going to be 12 months, it could be much longer.
And it's Marnami, we saw something similar.We define Merubin as the amount of money that it will cost to feed these people until the time that they have matured, until the time that they are older. So, let's plug this back into our Mishnah.
We had a variable in our Mishnah called Merubin.We didn't know what it was.Merubin means when there's enough money to feed them for X amount of time.
So, if you read the Mishnah again, the Mishnah says if a man has children, boys and girls, when there are a lot of properties, which is defined as enough food to cover them for X amount of time until Achi Bagrum, so then the boys get a classic Yerusha and the girls are fed from them, if it's less than that, then either, according to the Tanakama, the girls get everything and the boys have to go knocking,
So even if it's by a dollar.So let's say we needed $7,000 a year for groceries for the boys and the girls.We only have six.The girls get all the money.They divide equally.The boys get nothing.And then we saw Admon argued.
So back in our Gemara, bottom line of the page.But if it were to be that it was less than that amount of money, then then the boys would get nothing.That would be the definition of muwatin.In fact, there isn't enough for that amount of time.
Gomorrah says it's not fair, bitmia, says the Rashban.Why would it be the case that they get everything?Al-Marraba, it's actually not how the math works.Really, Al-Marraba, what does he say?Motsiyan lehen mizonos lebanos aad shei bagru.
They get enough money just to feed the girls.So let's say that we needed $7,000 for the three boys, and let's do six, because it's easier.$6,000, 1,000 per person, aad shei bagru, three boys, three girls. But there's only five.
So then the math works like this.Had there been 6,000, the boys would have gotten a Yerusha.Now there's only five, so the girls get up to three, because each of them have to have enough money, Aji Bagru.
And then the next 2,000, the balance, that does go back to the boys.So let's read this again.And the rest then go to the boys.So that would be the example where the boys would get $2,000 and the girls would get $3,000.
We'll stop right here and Yemir Tashem will pick up tomorrow with yet another blot.Wishing you all a beautiful night.
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