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Din & Daf

Din & Daf: Summarizing Bava Batra

12.15.2024 | י״ד בכסלו תשפ״ה

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Ideas Arc of Masechet Bava Batra  – a Bava Batra Summary

Dr. Elana Stein Hain – dinanddaf@hadran.org.il 

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Perakim 1-3: Relating to someone else’s property

Relationships: Shutafin, Neighbors, Buyer/seller

Focus: Property Use; Neighborhood

  • Perek 1 – shared financial responsibilities among residents (e.g, building mechitzah, בית שער, דלת, חומה, etc.)
  • Perek 2 – be careful how I use my own property based on how it impacts my neighbor (e.g., don’t plant to close to neighbor’s property, no bad smells, etc.)
  • Perek 3 – chezkat 3 shanim – how do I gain ownership over someone else’s property?

Perakim 4-7: Technical Sale Protocol

(4-5: What’s included; 6-7: measurements and use)

Relationships: Buyer and seller

Focus: Sale Process and Assumptions; Transactions

Notice ABBA structure (Perek 4 and 7 re: land; Perek 5 and 6 starts with non-land)

  • Perek 4 – land (e.g., בית, חצר, עיר, שדה)
  • Perek 5 – non-land (e.g, ספינה, בהמה – but even אילנות when land isn’t included); ארבע מידות במוכרים – when can buyer/seller renege; at what point is the sale complete (such that the current owner bears financial responsibility)
  • Perek 6 – what if the fruit goes bad? What’s a rounding error? What if seller has property within my property and can only get there by walking through my property? (interesting – buyer and seller have become neighbors of sorts…)
  • Perek 7- how do we measure land?

Perakim 8-9: Inheritance

Relationships: Family & someone who is dying;

parents and children, husbands and wives, siblings, also people relate to someone who is dying (regardless of being a relative) (also sivlonot which is interesting – it’s a transaction that is expected based on familial relationship…or anticipated familial relationships)

Focus: Continuity

  • Perek 8 – introduction – the basic requirements of inheritance law (e.g., who inherits/gives inheritance; getting around inheritance)
  • Perek 9 – Contested/Divided inheritance (e.g., daughters and sons, older sons doing business, house falls on two relatives); but also מתנת שכיב מרע

Perek 10: Shtarot

Relationships – SO MANY: Spouses, Lender/Borrower, Buyer/Seller, Sharecropper/Farmer, Litigants, 2 random people with the same name!

Focus: Evidence

  • Spouses – גט, שובר, תנאים (שטרי אירוסין), כתובה ונדוניה (שטרי נישואין)
  • Sharecropper – שטרי אריסות וקבלנות
  • Litigants – שטרי בירורין, מעשה בית דין, שטר קיום
  • Two random people – both named יוסף בן שמעון


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Beyond the Daf is where you will discover enlightening shiurim led by remarkable women, delving deep into the intricacies of Talmudic teachings, and exploring relevant and thought-provoking topics that arise from the Daf.

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Dr. Elana Stein Hain

Dr. Elana Stein Hain is the Rosh Beit Midrash and a senior research fellow at the Shalom Hartman Institute of North America. Passionate about bringing Torah into conversation with contemporary life, she teaches Talmud from the Balcony, an occasional learning seminar exposing the big ideas, questions, and issues motivating talmudic discussions; she authored Circumventing the Law: Rabbinic Perspectives on Legal Loopholes and Integrity (pre-order discount code: PENN-ESHAIN30) which uses halakhic loopholes as a lens for understanding rabbinic views on law and ethics; and she co-hosts For Heaven’s Sake, a bi-weekly podcast with Donniel Hartman and Yossi Klein Halevi, exploring contemporary issues related to Israel and the Jewish world. In mid-January, Elana will be starting a new podcast called TEXTing, where she and guest scholars study Torah texts that engage issues of the moment for the Jewish world. She lives in Manhattan with her beloved family.

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