Today’s daf is sponsored by the Hadran Women of Long Island in honor of the marriage of Shai Laniado, son of our friend and co-learner Sami Groff, to Lily Snyder. “May the home that they build be a bayit neeman beYisrael, filled with joy, Torah, and a passion for what’s right.”
This week’s learning is sponsored by Helen Danczak. “My dear uncle Phil passed on August 27 with family at hand. He was the kind of uncle that the kids (of all ages) gravitated to. I am not alone in saying he was my favorite uncle. He is missed. May his neshama have an aliyah.”
This week’s learning is dedicated by Medinah Korn in loving memory of her mother, Rosalie Katchen, Shoshana Raizl bat Avraham Yehoshua ve-Baila Toibe, z”l, on her 25th yahrzeit. She left a profound legacy for her family and many devoted friends who continue to learn from her to this day. Yehi zichra baruch.
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
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This week’s learning is sponsored by Helen Danczak. “My dear uncle Phil passed on August 27 with family at hand. He was the kind of uncle that the kids (of all ages) gravitated to. I am not alone in saying he was my favorite uncle. He is missed. May his neshama have an aliyah.”
This week’s learning is dedicated by Medinah Korn in loving memory of her mother, Rosalie Katchen, Shoshana Raizl bat Avraham Yehoshua ve-Baila Toibe, z”l, on her 25th yahrzeit. She left a profound legacy for her family and many devoted friends who continue to learn from her to this day. Yehi zichra baruch.
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
Bava Batra 51
וְדַיָּינֵי גוֹלָה אָמְרוּ: מַחְזִיקִין. אָמַר רַב: הֲלָכָה כְּדַיָּינֵי גוֹלָה. אֲמַרוּ לֵיהּ רַב כָּהֲנָא וְרַב אַסִּי לְרַב: הֲדַר בֵּיהּ מָר מִשְּׁמַעְתֵּיהּ? אֲמַר לְהוּ: מִסְתַּבְּרָא אֲמַרִי – כִּדְרַב יוֹסֵף.
but the judges of the exile said that one can establish the presumption of ownership. Rav says: The halakha is in accordance with the opinion of the judges of the exile. Rav Kahana and Rav Asi said to Rav: Has the Master retracted his halakha that one cannot establish the presumption of ownership with regard to the property of a married woman? Rav said to them: I said that the opinion of the judges of the exile is reasonable, as the presumption of ownership can be established with regard the property of a married woman under certain circumstances. The Gemara comments: This is like that ruling of Rav Yosef with regard to one who possesses the land for three years after the death of the husband.
וְלֹא לְאִשָּׁה בְּנִכְסֵי בַעְלָהּ וְכוּ׳. פְּשִׁיטָא – כֵּיוָן דְּאִית לַהּ מְזוֹנֵי, מְזוֹנֵי הוּא דְּקָא אָכְלָה! לָא צְרִיכָא, דְּיַחֵד לַהּ אַרְעָא אַחֲרִיתִי לִמְזוֹנַהּ.
§ The mishna teaches: And a wife does not have the ability to establish the presumption of ownership with regard to her husband’s property. The Gemara asks: Isn’t that obvious? Since she has the right to sustenance from her husband’s property, she is enjoying the profits as payment of her sustenance, so her use of the property does not establish the presumption of ownership. The Gemara responds: No, it is necessary to state this halakha in the event that he designated another parcel of land for her sustenance. The mishna teaches that even if she enjoys the profits of a second field for three years, she does not establish the presumption of ownership of that field.
הָא רְאָיָה – יֵשׁ? לֵימָא לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי!
The Gemara asks: By inference, the wife has the ability to bring proof of her ownership and take possession of her husband’s field. Why is this proof valid? Let him say that he desires to expose her concealed money. If he offers to sell the field to her and she agrees, it will be discovered that she has money of which he had been unaware. His intention was never to sell the property, but to claim money to which he is entitled.
שָׁמְעַתְּ מִינַּהּ, הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה, וְלָא אָמְרִינַן: לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי?! לָא; אֵימָא: הָא רְאָיָה יֵשׁ – בִּשְׁטַר מַתָּנָה.
Can one conclude from this mishna that in the case of one who sells a field to his wife, she has acquired it, and we do not say that he desires to expose her concealed money? The Gemara answers: No, as one may say that the inference from the mishna that if she has proof then she has ownership rights is the halakha only with regard to a deed of gift, as, if her husband gave her the field as a gift, he cannot claim that he did so in order to expose her concealed money.
אֲמַר לֵיהּ רַב נַחְמָן לְרַב הוּנָא: לָא הֲוָה מָר גַּבָּן בְּאוּרְתָּא בִּתְחוּמָא, דְּאָמְרִינַן מִילֵּי מְעַלְּיָיתָא. אֲמַר לֵיהּ: מַאי מִילֵּי מְעַלְּיָיתָא אָמְרִיתוּ? הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה, וְלָא אָמְרִינַן לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי.
The Gemara relates: Rav Naḥman said to Rav Huna: The Master was not with us in the evening in the study hall that is within the boundaries of the town, where we said a superior matter. Rav Huna said to him: What superior matter did you say? Rav Naḥman responded: In the case of one who sells a field to his wife, she has acquired it, and we do not say that he desires to expose her concealed money.
אֲמַר לֵיהּ: פְּשִׁיטָא, דַּל זוּזֵי מֵהָכָא – וְתִיקְנֵי בִּשְׁטָרָא! מִי לָא תְּנַן: נְכָסִים שֶׁיֵּשׁ לָהֶן אַחְרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה?
Rav Huna said to him: That is obvious; remove the money from here and she will acquire the property by means of the bill of sale, as, even if she has not yet given him the money, she acquires the land by means of the bill of sale. Didn’t we learn in a mishna (Kiddushin 26a): Property that serves as a guarantee, i.e., land, can be acquired by means of giving money, by means of giving a document, or by means of taking possession of it?
אֲמַר לֵיהּ: וְלָאו אִיתְּמַר עֲלַהּ, אָמַר שְׁמוּאֵל: לֹא שָׁנוּ אֶלָּא בִּשְׁטַר מַתָּנָה, אֲבָל בִּשְׁטַר מֶכֶר – לֹא קָנָה עַד שֶׁיִּתֵּן לוֹ דָּמֶיהָ? וְלָאו מוֹתֵיב רַב הַמְנוּנָא: בִּשְׁטָר – כֵּיצַד? כָּתַב לוֹ עַל הַנְּיָיר אוֹ עַל הַחֶרֶס – אַף עַל פִּי שֶׁאֵין בּוֹ שָׁוֶה פְּרוּטָה: ״שָׂדִי מְכוּרָה לָךְ״, ״שָׂדִי קְנוּיָה לָךְ״ – הֲרֵי זוֹ מְכוּרָה וּנְתוּנָה?
Rav Naḥman said to him: But wasn’t it stated with regard to this that Shmuel says: They taught that the document alone suffices only if the transaction is with a deed of gift, but if the transaction is with a bill of sale, the buyer does not acquire the property until he gives him its money? Rav Huna responded: But didn’t Rav Hamnuna raise an objection to this, based on this following baraita: How is acquisition by means of giving a document performed? If he wrote it for him on paper or earthenware, then even though the paper or the earthenware is not worth even one peruta, if he writes: My field is sold to you, or: My field is acquired by you as a gift, it is thereby sold or given. This indicates that a document suffices to complete an acquisition both in the case of a sale and a gift.
וְלָאו הוּא מוֹתֵיב לַהּ וְהוּא מְפָרֵק לַהּ – בְּמוֹכֵר שָׂדֵהוּ מִפְּנֵי רָעָתָהּ?
Rav Naḥman responded: But is it not so that he, Rav Hamnuna, raises the objection and he himself resolves it? The baraita states its ruling with regard to one who sells his field due to its poor quality. The seller wants to be rid of his field due to its low value, and would like to transfer ownership of it as quickly as possible. In this case, writing a document suffices to complete the acquisition. By contrast, in standard cases it does not. Since the acquisition of a field requires monetary payment in addition to a bill of sale, Rav Naḥman’s statement, that if one sells a field to his wife the sale is valid and we do not say that he desires to expose her concealed money, is a novelty.
(רַב בִּיבִי מְסַיֵּים בַּהּ מִשְּׁמֵיהּ דְּרַב נַחְמָן) וְרַב אָשֵׁי אָמַר: בְּמַתָּנָה בִּקֵּשׁ לִיתְּנָהּ לוֹ, וְלָמָּה כָּתַב לוֹ בִּלְשׁוֹן מֶכֶר? כְּדֵי לְיַפּוֹת כֹּחוֹ.
The Gemara notes that in interpreting this baraita, Rav Beivai would conclude in the name of Rav Naḥman, or, according to another version, Rav Ashi says: Why does a document suffice for him to acquire the land? It is because it is assumed that he wanted to give it to him as a gift. And why did he write the document for him employing the terminology of a sale? It was in order to enhance the power of the one acquiring the land, since with regard to a property guarantee, i.e., a document that states that if the property is seized by the seller’s creditor, the seller will reimburse the buyer for his loss, a bill of sale is superior to a deed of gift.
מֵיתִיבִי: לָוָה מִן הָעֶבֶד, וְשִׁחְרְרוֹ; מִן הָאִשָּׁה, וְגֵרְשָׁהּ – אֵין לָהֶן עָלָיו כְּלוּם. מַאי טַעְמָא? לָאו מִשּׁוּם דְּאָמְרִינַן: לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי?
The Gemara raises an objection to the ruling of Rav Naḥman, that we do not say that he desires to expose her concealed money, from a baraita: If one borrowed money from his own slave and then frees him, or if one borrowed money from his wife and then divorces her, they do not have any claim on him, and he need not repay them. What is the reason for this? Is it not because we say that he desires to expose their concealed money, and his taking of the loan was a mere artifice to claim money to which he was entitled?
שָׁאנֵי הָתָם, דְּלָא נִיחָא לֵיהּ לְשַׁוּוֹיֵיהּ נַפְשֵׁיהּ ״עֶבֶד לֹוֶה לְאִישׁ מַלְוֶה״.
The Gemara answers: It is different there, because there is an additional reason to think it was an artifice, as it is uncomfortable for him to make applicable to himself the verse: “The rich rules over the poor, and the borrower is servant to the lender” (Proverbs 22:7). It is therefore reasonable to posit that his intention was not to borrow money, but to expose the concealed money that was in the possession of his slave or wife. This concern does not apply to one who sells property to his wife, and therefore the sale is valid.
שְׁלַח רַב הוּנָא בַּר אָבִין: הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה,
The Gemara relates that Rav Huna bar Avin sent a ruling to those in the study hall: In the case of one who sells a field to his wife, she has acquired it,
וּבַעַל אוֹכֵל פֵּירוֹת. בְּרַם, רַבִּי אַבָּא וְרַבִּי אֲבָהוּ וְכׇל גְּדוֹלֵי הַדּוֹר אָמְרוּ: בְּמַתָּנָה בִּקֵּשׁ לִיתְּנוֹ לָהּ, וְלָמָּה כָּתַב לָהּ לְשׁוּם מֶכֶר? כְּדֵי לְיַפּוֹת אֶת כֹּחָהּ.
and as long as they remain married, the husband enjoys the profits, as he would with any usufruct property. But Rabbi Abba and Rabbi Abbahu and all of the great Sages of the generation said that the assumption is that the husband wanted to give it to her as a gift. And why did he write the deed for her employing terminology indicating that it is for the sake of a sale? It was in order to enhance her power.
מֵיתִיבִי: לָוָה מִן הָעֶבֶד וְשִׁחְרְרוֹ, מִן הָאִשָּׁה וְגֵרְשָׁהּ – אֵין לָהֶן עָלָיו כְּלוּם. מַאי טַעְמָא? לָאו מִשּׁוּם דְּאָמְרִי: לְגַלּוֹיֵי זוּזֵי הוּא דִּבְעָא?
The Gemara raises an objection from a baraita to the ruling that the wife acquires the property: If one borrowed from his own slave and then freed him, or if one borrowed from his wife and then divorced her, they do not have any claim on him, and he need not repay them. What is the reason for this? Is it not because we say that he desired to expose their concealed money, and his taking of the loan was merely an artifice to claim money to which he was entitled? Similarly, the assumption should be that his sale to her was merely an artifice.
שָׁאנֵי הָתָם, דְּלָא לִישַׁוֵּי אִינִישׁ ״עֶבֶד לֹוֶה לְאִישׁ מַלְוֶה״.
The Gemara answers: It is different there, because there is an additional reason to think it was an artifice, as it is uncomfortable for a person to be described by the verse: “The rich rules over the poor, and the borrower is servant to the lender” (Proverbs 22:7). It is therefore reasonable to posit that his intention was not to borrow money, but to expose the concealed money that was in the possession of his slave or wife. This concern does not apply to one who sells property to his wife, and therefore the sale is valid.
אָמַר רַב: הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה, וְהַבַּעַל אוֹכֵל פֵּירוֹת. בְּמַתָּנָה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת. וְרַבִּי אֶלְעָזָר אָמַר: אֶחָד זֶה וְאֶחָד זֶה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת.
The Gemara quotes a related statement. Rav says: In the case of one who sells a field to his wife, she has acquired it, and the husband enjoys the profits. In the case of one who gives a married woman the field as a gift, she has acquired it and the husband does not enjoy the profits, since he gave it to her completely. And Rabbi Elazar says: In both this case and that case she has acquired it, and the husband does not enjoy the profits.
עֲבַד רַב חִסְדָּא עוֹבָדָא כְּרַבִּי אֶלְעָזָר. אֲמַרוּ לֵיהּ רַבָּן עוּקְבָא וְרַבָּן נְחֶמְיָה בְּנֵי בְנָתֵיהּ דְּרַב, לְרַב חִסְדָּא: שָׁבֵיק מָר רַבְרְבֵי, וְעָבֵיד כְּזוּטְרֵי?! אֲמַר לְהוּ: וַאֲנָא נָמֵי כְּרַבְרְבֵי עֲבַדִי, דְּכִי אֲתָא רָבִין אָמַר רַבִּי יוֹחָנָן: אֶחָד זֶה וְאֶחָד זֶה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת.
The Gemara relates: Rav Ḥisda performed an action in accordance with the opinion of Rabbi Elazar, and did not allow a husband to enjoy the profits of a field he sold to his wife. Rabban Ukva and Rabban Neḥemya, the sons of Rav’s daughters, said to Rav Ḥisda: Does the Master abandon a greater Sage, i.e., Rav, the greatest Sage of his generation, and act in accordance with the opinion of a lesser Sage, i.e., Rabbi Elazar, who was Rav’s student? Rav Ḥisda said to them: But I too am acting in accordance with the opinion of a greater Sage, as when Ravin came from Eretz Yisrael, he said that Rabbi Yoḥanan said: In both this case and that case she has acquired it, and the husband does not enjoy the profits. I am consequently not relying exclusively on Rabbi Elazar’s opinion, but also on that of Rabbi Yoḥanan.
אָמַר רָבָא, הִלְכְתָא: הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – לֹא קָנְתָה, וְהַבַּעַל אוֹכֵל פֵּירוֹת. בְּמַתָּנָה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת. תַּרְתֵּי?!
Rava says that the halakha is: In the case of one who sells a field to his wife, she has not acquired it, and the husband enjoys the profits. In the case of one who gives a married woman the field as a gift, she has acquired it and the husband does not enjoy the profits. The Gemara asks with regard to the first halakha: Can these two ostensibly contradictory rulings be given? Rava’s statement that the wife has not acquired the field means that the husband still owns it, while his statement that the husband enjoys the profits, i.e., he merely enjoys the profits but does not own the field, indicates that the field itself is owned by the wife.
לָא קַשְׁיָא; כָּאן בְּמָעוֹת טְמוּנִין, כָּאן בְּמָעוֹת שֶׁאֵין טְמוּנִין – דְּאָמַר רַב יְהוּדָה: מָעוֹת טְמוּנִין – לֹא קָנְתָה, מָעוֹת שֶׁאֵינָן טְמוּנִין – קָנְתָה.
The Gemara responds: This is not difficult, because Rava is referring to two different cases. Here, where he says that she has not acquired the land, he is referring to a case where her money was concealed, and the sale was an artifice to expose it; while there, where he says that she acquires the land, he is referring to a case where she had money that is not concealed. As Rav Yehuda says: If she purchased the field with concealed money, she has not acquired it; if she purchased it with money that is not concealed, she has acquired it.
תָּנוּ רַבָּנַן: אֵין מְקַבְּלִין פִּקְדוֹנוֹת – לֹא מִן הַנָּשִׁים, וְלֹא מִן הָעֲבָדִים, וְלֹא מִן הַתִּינוֹקוֹת. קִבֵּל מִן הָאִשָּׁה – יַחְזִיר לָאִשָּׁה, וְאִם מֵתָה – יַחְזִיר לְבַעְלָהּ. קִבֵּל מִן הָעֶבֶד – יַחְזִיר לָעֶבֶד, וְאִם מֵת – יַחְזִיר לְרַבּוֹ.
§ The Sages taught in a baraita: One may not accept deposits from women, and not from slaves, and not from children. Since it is likely that they do not own property, they might have taken the item without authorization from their husband, master, or parent, respectively. Consequently, one should not accept the deposit. If, however, one accepted a deposit from a woman, he must return it to the woman, as he cannot be certain that it is not hers. And if the woman died, he must return it to her husband, as he is her heir. If one accepted a deposit from a slave, he must return it to the slave, since it might not belong to the master. And if the slave died, he must return it to his master.
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Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Lisa S. Malik
Wynnewood, United States
It has been a pleasure keeping pace with this wonderful and scholarly group of women.
Janice Block
Beit Shemesh, Israel
I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.
Julie Mendelsohn
Zichron Yakov, Israel
Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.
Nancy Kolodny
Newton, United States
I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.
Medinah Korn
בית שמש, Israel
In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.
Rhondda May
Atlanta, Georgia, United States
My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid
Renee Braha
Brooklyn, NY, United States
תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.
Vitti Kones
מיתר, ישראל
I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.
Rachel Rotenberg
Tekoa, Israel
I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Phoenix, AZ, United States
I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Mamaroneck, NY, United States
I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!
Mona Fishbane
Teaneck NJ, United States
I read Ilana Kurshan’s “If All the Seas Were Ink” which inspired me. Then the Women’s Siyum in Jerusalem in 2020 convinced me, I knew I had to join! I have loved it- it’s been a constant in my life daily, many of the sugiyot connect to our lives. My family and friends all are so supportive. It’s incredible being part of this community and love how diverse it is! I am so excited to learn more!
Shira Jacobowitz
Jerusalem, Israel
In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.
Reena Slovin
Worcester, United States
As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.
Sue Parker Gerson
Denver, United States
I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.
Dianne Kuchar
Dover Heights, Australia
When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.
Hannah Lee
Pennsylvania, United States
Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.
Nancy Kolodny
Newton, United States
After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!
Stacey Goodstein Ashtamker
Modi’in, Israel
Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!
Rhona Fink
San Diego, United States
Bava Batra 51
וְדַיָּינֵי גוֹלָה אָמְרוּ: מַחְזִיקִין. אָמַר רַב: הֲלָכָה כְּדַיָּינֵי גוֹלָה. אֲמַרוּ לֵיהּ רַב כָּהֲנָא וְרַב אַסִּי לְרַב: הֲדַר בֵּיהּ מָר מִשְּׁמַעְתֵּיהּ? אֲמַר לְהוּ: מִסְתַּבְּרָא אֲמַרִי – כִּדְרַב יוֹסֵף.
but the judges of the exile said that one can establish the presumption of ownership. Rav says: The halakha is in accordance with the opinion of the judges of the exile. Rav Kahana and Rav Asi said to Rav: Has the Master retracted his halakha that one cannot establish the presumption of ownership with regard to the property of a married woman? Rav said to them: I said that the opinion of the judges of the exile is reasonable, as the presumption of ownership can be established with regard the property of a married woman under certain circumstances. The Gemara comments: This is like that ruling of Rav Yosef with regard to one who possesses the land for three years after the death of the husband.
וְלֹא לְאִשָּׁה בְּנִכְסֵי בַעְלָהּ וְכוּ׳. פְּשִׁיטָא – כֵּיוָן דְּאִית לַהּ מְזוֹנֵי, מְזוֹנֵי הוּא דְּקָא אָכְלָה! לָא צְרִיכָא, דְּיַחֵד לַהּ אַרְעָא אַחֲרִיתִי לִמְזוֹנַהּ.
§ The mishna teaches: And a wife does not have the ability to establish the presumption of ownership with regard to her husband’s property. The Gemara asks: Isn’t that obvious? Since she has the right to sustenance from her husband’s property, she is enjoying the profits as payment of her sustenance, so her use of the property does not establish the presumption of ownership. The Gemara responds: No, it is necessary to state this halakha in the event that he designated another parcel of land for her sustenance. The mishna teaches that even if she enjoys the profits of a second field for three years, she does not establish the presumption of ownership of that field.
הָא רְאָיָה – יֵשׁ? לֵימָא לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי!
The Gemara asks: By inference, the wife has the ability to bring proof of her ownership and take possession of her husband’s field. Why is this proof valid? Let him say that he desires to expose her concealed money. If he offers to sell the field to her and she agrees, it will be discovered that she has money of which he had been unaware. His intention was never to sell the property, but to claim money to which he is entitled.
שָׁמְעַתְּ מִינַּהּ, הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה, וְלָא אָמְרִינַן: לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי?! לָא; אֵימָא: הָא רְאָיָה יֵשׁ – בִּשְׁטַר מַתָּנָה.
Can one conclude from this mishna that in the case of one who sells a field to his wife, she has acquired it, and we do not say that he desires to expose her concealed money? The Gemara answers: No, as one may say that the inference from the mishna that if she has proof then she has ownership rights is the halakha only with regard to a deed of gift, as, if her husband gave her the field as a gift, he cannot claim that he did so in order to expose her concealed money.
אֲמַר לֵיהּ רַב נַחְמָן לְרַב הוּנָא: לָא הֲוָה מָר גַּבָּן בְּאוּרְתָּא בִּתְחוּמָא, דְּאָמְרִינַן מִילֵּי מְעַלְּיָיתָא. אֲמַר לֵיהּ: מַאי מִילֵּי מְעַלְּיָיתָא אָמְרִיתוּ? הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה, וְלָא אָמְרִינַן לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי.
The Gemara relates: Rav Naḥman said to Rav Huna: The Master was not with us in the evening in the study hall that is within the boundaries of the town, where we said a superior matter. Rav Huna said to him: What superior matter did you say? Rav Naḥman responded: In the case of one who sells a field to his wife, she has acquired it, and we do not say that he desires to expose her concealed money.
אֲמַר לֵיהּ: פְּשִׁיטָא, דַּל זוּזֵי מֵהָכָא – וְתִיקְנֵי בִּשְׁטָרָא! מִי לָא תְּנַן: נְכָסִים שֶׁיֵּשׁ לָהֶן אַחְרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה?
Rav Huna said to him: That is obvious; remove the money from here and she will acquire the property by means of the bill of sale, as, even if she has not yet given him the money, she acquires the land by means of the bill of sale. Didn’t we learn in a mishna (Kiddushin 26a): Property that serves as a guarantee, i.e., land, can be acquired by means of giving money, by means of giving a document, or by means of taking possession of it?
אֲמַר לֵיהּ: וְלָאו אִיתְּמַר עֲלַהּ, אָמַר שְׁמוּאֵל: לֹא שָׁנוּ אֶלָּא בִּשְׁטַר מַתָּנָה, אֲבָל בִּשְׁטַר מֶכֶר – לֹא קָנָה עַד שֶׁיִּתֵּן לוֹ דָּמֶיהָ? וְלָאו מוֹתֵיב רַב הַמְנוּנָא: בִּשְׁטָר – כֵּיצַד? כָּתַב לוֹ עַל הַנְּיָיר אוֹ עַל הַחֶרֶס – אַף עַל פִּי שֶׁאֵין בּוֹ שָׁוֶה פְּרוּטָה: ״שָׂדִי מְכוּרָה לָךְ״, ״שָׂדִי קְנוּיָה לָךְ״ – הֲרֵי זוֹ מְכוּרָה וּנְתוּנָה?
Rav Naḥman said to him: But wasn’t it stated with regard to this that Shmuel says: They taught that the document alone suffices only if the transaction is with a deed of gift, but if the transaction is with a bill of sale, the buyer does not acquire the property until he gives him its money? Rav Huna responded: But didn’t Rav Hamnuna raise an objection to this, based on this following baraita: How is acquisition by means of giving a document performed? If he wrote it for him on paper or earthenware, then even though the paper or the earthenware is not worth even one peruta, if he writes: My field is sold to you, or: My field is acquired by you as a gift, it is thereby sold or given. This indicates that a document suffices to complete an acquisition both in the case of a sale and a gift.
וְלָאו הוּא מוֹתֵיב לַהּ וְהוּא מְפָרֵק לַהּ – בְּמוֹכֵר שָׂדֵהוּ מִפְּנֵי רָעָתָהּ?
Rav Naḥman responded: But is it not so that he, Rav Hamnuna, raises the objection and he himself resolves it? The baraita states its ruling with regard to one who sells his field due to its poor quality. The seller wants to be rid of his field due to its low value, and would like to transfer ownership of it as quickly as possible. In this case, writing a document suffices to complete the acquisition. By contrast, in standard cases it does not. Since the acquisition of a field requires monetary payment in addition to a bill of sale, Rav Naḥman’s statement, that if one sells a field to his wife the sale is valid and we do not say that he desires to expose her concealed money, is a novelty.
(רַב בִּיבִי מְסַיֵּים בַּהּ מִשְּׁמֵיהּ דְּרַב נַחְמָן) וְרַב אָשֵׁי אָמַר: בְּמַתָּנָה בִּקֵּשׁ לִיתְּנָהּ לוֹ, וְלָמָּה כָּתַב לוֹ בִּלְשׁוֹן מֶכֶר? כְּדֵי לְיַפּוֹת כֹּחוֹ.
The Gemara notes that in interpreting this baraita, Rav Beivai would conclude in the name of Rav Naḥman, or, according to another version, Rav Ashi says: Why does a document suffice for him to acquire the land? It is because it is assumed that he wanted to give it to him as a gift. And why did he write the document for him employing the terminology of a sale? It was in order to enhance the power of the one acquiring the land, since with regard to a property guarantee, i.e., a document that states that if the property is seized by the seller’s creditor, the seller will reimburse the buyer for his loss, a bill of sale is superior to a deed of gift.
מֵיתִיבִי: לָוָה מִן הָעֶבֶד, וְשִׁחְרְרוֹ; מִן הָאִשָּׁה, וְגֵרְשָׁהּ – אֵין לָהֶן עָלָיו כְּלוּם. מַאי טַעְמָא? לָאו מִשּׁוּם דְּאָמְרִינַן: לְגַלּוֹיֵי זוּזֵי הוּא דְּבָעֵי?
The Gemara raises an objection to the ruling of Rav Naḥman, that we do not say that he desires to expose her concealed money, from a baraita: If one borrowed money from his own slave and then frees him, or if one borrowed money from his wife and then divorces her, they do not have any claim on him, and he need not repay them. What is the reason for this? Is it not because we say that he desires to expose their concealed money, and his taking of the loan was a mere artifice to claim money to which he was entitled?
שָׁאנֵי הָתָם, דְּלָא נִיחָא לֵיהּ לְשַׁוּוֹיֵיהּ נַפְשֵׁיהּ ״עֶבֶד לֹוֶה לְאִישׁ מַלְוֶה״.
The Gemara answers: It is different there, because there is an additional reason to think it was an artifice, as it is uncomfortable for him to make applicable to himself the verse: “The rich rules over the poor, and the borrower is servant to the lender” (Proverbs 22:7). It is therefore reasonable to posit that his intention was not to borrow money, but to expose the concealed money that was in the possession of his slave or wife. This concern does not apply to one who sells property to his wife, and therefore the sale is valid.
שְׁלַח רַב הוּנָא בַּר אָבִין: הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה,
The Gemara relates that Rav Huna bar Avin sent a ruling to those in the study hall: In the case of one who sells a field to his wife, she has acquired it,
וּבַעַל אוֹכֵל פֵּירוֹת. בְּרַם, רַבִּי אַבָּא וְרַבִּי אֲבָהוּ וְכׇל גְּדוֹלֵי הַדּוֹר אָמְרוּ: בְּמַתָּנָה בִּקֵּשׁ לִיתְּנוֹ לָהּ, וְלָמָּה כָּתַב לָהּ לְשׁוּם מֶכֶר? כְּדֵי לְיַפּוֹת אֶת כֹּחָהּ.
and as long as they remain married, the husband enjoys the profits, as he would with any usufruct property. But Rabbi Abba and Rabbi Abbahu and all of the great Sages of the generation said that the assumption is that the husband wanted to give it to her as a gift. And why did he write the deed for her employing terminology indicating that it is for the sake of a sale? It was in order to enhance her power.
מֵיתִיבִי: לָוָה מִן הָעֶבֶד וְשִׁחְרְרוֹ, מִן הָאִשָּׁה וְגֵרְשָׁהּ – אֵין לָהֶן עָלָיו כְּלוּם. מַאי טַעְמָא? לָאו מִשּׁוּם דְּאָמְרִי: לְגַלּוֹיֵי זוּזֵי הוּא דִּבְעָא?
The Gemara raises an objection from a baraita to the ruling that the wife acquires the property: If one borrowed from his own slave and then freed him, or if one borrowed from his wife and then divorced her, they do not have any claim on him, and he need not repay them. What is the reason for this? Is it not because we say that he desired to expose their concealed money, and his taking of the loan was merely an artifice to claim money to which he was entitled? Similarly, the assumption should be that his sale to her was merely an artifice.
שָׁאנֵי הָתָם, דְּלָא לִישַׁוֵּי אִינִישׁ ״עֶבֶד לֹוֶה לְאִישׁ מַלְוֶה״.
The Gemara answers: It is different there, because there is an additional reason to think it was an artifice, as it is uncomfortable for a person to be described by the verse: “The rich rules over the poor, and the borrower is servant to the lender” (Proverbs 22:7). It is therefore reasonable to posit that his intention was not to borrow money, but to expose the concealed money that was in the possession of his slave or wife. This concern does not apply to one who sells property to his wife, and therefore the sale is valid.
אָמַר רַב: הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – קָנְתָה, וְהַבַּעַל אוֹכֵל פֵּירוֹת. בְּמַתָּנָה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת. וְרַבִּי אֶלְעָזָר אָמַר: אֶחָד זֶה וְאֶחָד זֶה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת.
The Gemara quotes a related statement. Rav says: In the case of one who sells a field to his wife, she has acquired it, and the husband enjoys the profits. In the case of one who gives a married woman the field as a gift, she has acquired it and the husband does not enjoy the profits, since he gave it to her completely. And Rabbi Elazar says: In both this case and that case she has acquired it, and the husband does not enjoy the profits.
עֲבַד רַב חִסְדָּא עוֹבָדָא כְּרַבִּי אֶלְעָזָר. אֲמַרוּ לֵיהּ רַבָּן עוּקְבָא וְרַבָּן נְחֶמְיָה בְּנֵי בְנָתֵיהּ דְּרַב, לְרַב חִסְדָּא: שָׁבֵיק מָר רַבְרְבֵי, וְעָבֵיד כְּזוּטְרֵי?! אֲמַר לְהוּ: וַאֲנָא נָמֵי כְּרַבְרְבֵי עֲבַדִי, דְּכִי אֲתָא רָבִין אָמַר רַבִּי יוֹחָנָן: אֶחָד זֶה וְאֶחָד זֶה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת.
The Gemara relates: Rav Ḥisda performed an action in accordance with the opinion of Rabbi Elazar, and did not allow a husband to enjoy the profits of a field he sold to his wife. Rabban Ukva and Rabban Neḥemya, the sons of Rav’s daughters, said to Rav Ḥisda: Does the Master abandon a greater Sage, i.e., Rav, the greatest Sage of his generation, and act in accordance with the opinion of a lesser Sage, i.e., Rabbi Elazar, who was Rav’s student? Rav Ḥisda said to them: But I too am acting in accordance with the opinion of a greater Sage, as when Ravin came from Eretz Yisrael, he said that Rabbi Yoḥanan said: In both this case and that case she has acquired it, and the husband does not enjoy the profits. I am consequently not relying exclusively on Rabbi Elazar’s opinion, but also on that of Rabbi Yoḥanan.
אָמַר רָבָא, הִלְכְתָא: הַמּוֹכֵר שָׂדֶה לְאִשְׁתּוֹ – לֹא קָנְתָה, וְהַבַּעַל אוֹכֵל פֵּירוֹת. בְּמַתָּנָה – קָנְתָה, וְאֵין הַבַּעַל אוֹכֵל פֵּירוֹת. תַּרְתֵּי?!
Rava says that the halakha is: In the case of one who sells a field to his wife, she has not acquired it, and the husband enjoys the profits. In the case of one who gives a married woman the field as a gift, she has acquired it and the husband does not enjoy the profits. The Gemara asks with regard to the first halakha: Can these two ostensibly contradictory rulings be given? Rava’s statement that the wife has not acquired the field means that the husband still owns it, while his statement that the husband enjoys the profits, i.e., he merely enjoys the profits but does not own the field, indicates that the field itself is owned by the wife.
לָא קַשְׁיָא; כָּאן בְּמָעוֹת טְמוּנִין, כָּאן בְּמָעוֹת שֶׁאֵין טְמוּנִין – דְּאָמַר רַב יְהוּדָה: מָעוֹת טְמוּנִין – לֹא קָנְתָה, מָעוֹת שֶׁאֵינָן טְמוּנִין – קָנְתָה.
The Gemara responds: This is not difficult, because Rava is referring to two different cases. Here, where he says that she has not acquired the land, he is referring to a case where her money was concealed, and the sale was an artifice to expose it; while there, where he says that she acquires the land, he is referring to a case where she had money that is not concealed. As Rav Yehuda says: If she purchased the field with concealed money, she has not acquired it; if she purchased it with money that is not concealed, she has acquired it.
תָּנוּ רַבָּנַן: אֵין מְקַבְּלִין פִּקְדוֹנוֹת – לֹא מִן הַנָּשִׁים, וְלֹא מִן הָעֲבָדִים, וְלֹא מִן הַתִּינוֹקוֹת. קִבֵּל מִן הָאִשָּׁה – יַחְזִיר לָאִשָּׁה, וְאִם מֵתָה – יַחְזִיר לְבַעְלָהּ. קִבֵּל מִן הָעֶבֶד – יַחְזִיר לָעֶבֶד, וְאִם מֵת – יַחְזִיר לְרַבּוֹ.
§ The Sages taught in a baraita: One may not accept deposits from women, and not from slaves, and not from children. Since it is likely that they do not own property, they might have taken the item without authorization from their husband, master, or parent, respectively. Consequently, one should not accept the deposit. If, however, one accepted a deposit from a woman, he must return it to the woman, as he cannot be certain that it is not hers. And if the woman died, he must return it to her husband, as he is her heir. If one accepted a deposit from a slave, he must return it to the slave, since it might not belong to the master. And if the slave died, he must return it to his master.
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