Bava Basra - Daf 48

• Audio Timestamps

0:00 - The 3 Sugyos

2:51 - Review of 3 Sugyos

5:33 - Siman

8:21 - 4 Blatt Back Chazarah

16:33 - Pop Quiz (Last 7 blatt)

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• גט מעושה forced by idolators is invalid

Rav Huna ruled that a forced sale is valid, and the Gemara explains the logic: אגב אונסיה גמר ומקנה – because of his duress he agrees to transfer it sincerely (since he receives payment and loses nothing). Rav Huna is challenged from a Mishnah: גט המעושה – a coerced divorce, בישראל כשר – if he was forced by Jews, it is valid, ובעכו"ם פסול – but if it was forced by idolators, it is invalid. According to Rav Huna’s logic, we should similarly say: אגב אונסיה גמר ומגרש – because of his duress, he agrees and divorces her sincerely!? [The Rashbam adds that since his wife hates him, and will not remain with him, he loses nothing by divorcing her] The Gemara answers that Rav Mesharshiya says: דבר תורה אפילו בעכו"ם כשר – Biblically speaking, even a get forced by idolators is valid, because of the above reason. The Rabbis decreed the get invalid, כדי שלא תהא כל אחת ואחת הולכת ותולה עצמה ביד עכו"ם – so that every [estranged wife] should not go attach herself an idolator, and use every means to persuade him to force her husband to divorce her, ומפקעת עצמה מיד בעלה – and thereby withdraw herself from her husband.

• Forced sale "בשדה זו" – a specified field

Rava said: הלכתא תליוהו וזבין זביניה זביני – the halachah is that if they hung him up until he sold them what they demanded, his sale is a valid sale. He added that this is only בשדה סתם – an unspecified field, i.e., where the owner could choose which field to sell, in which case he likely consented to the sale sincerely. But בשדה זו – if they demanded a specified field, the sale is void. This exception, however, is only דלא ארצי זוזי – where [the owner] did not count the money, demonstrating his opposition to the sale. But if he counted the money, the sale is valid even for a specified field. Furthermore, it is only void דלא הוה לאישתמוטי – where he had no way to evade those forcing the sale, but if he could have escaped their demand, the sale is valid. However, the Gemara concludes that even for a specified field, the sale is always valid, דהא אשה כשדה זו דמיא – because a woman being coerced into marriage is like a specified field (since he is forcing this specific woman to marry him), and Ameimar said: תליוה וקדיש קדושיו קדושין – if they hung [a woman] up until she relented and he married her, his marriage is a valid marriage.

• תליוה וקדיש, אפקעינהו רבנן לקידושיה מיניה

Ameimar said: תליוה וקדיש קדושיו קדושין – if they hung [a woman] up until she relented and he married her, his marriage is a valid marriage. Mar bar Rav Ashi said that although a forced sale is valid, forced kiddushin is certainly void, by Rabbinic decree: עשה שלא כהוגן – since he acted improperly, לפיכך עשו עמו שלא כהוגן – therefore [the Rabbis] acted with him extralegally, ואפקעינהו רבנן לקידושיה מיניה – and the Rabbis revoked his kiddushin. Ravina asked Rav Ashi: תינח דקדיש בכספא – That is well if he married her with money, because the Rabbis can invalidate his kiddushin by making the money ownerless through הפקר בית דין הפקר, קדיש בביאה מאי איכא למימר – but if he married her with relations, what is there to say? Rav Ashi answered: שויוה רבנן לבעילתו בעילת זנות – the Rabbis, by invalidating his kiddushin, rendered his relations as non-marital relations.

Siman – Brainiacs

The brainiacs studying the thermodynamics of coercion and their halachic significance who rightfully assessed that a goy forcing a גט is invalid on a Rabbinic level, while trying to determine the exact height to hang up an owner to force a sale of an unspecified field, decided not to test how long a woman needed to be hung before she relented and married a man, when they heard the Rabbis would revoke such a kiddushin.