Bava Basra - Daf 72

• Audio Timestamps

0:00 - The 3 Sugyos

3:14 - Review of 3 Sugyos

6:20 - Siman

9:18 - 4 Blatt Back Chazarah

16:36 - Pop Quiz (Last 7 blatt)

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• Hekdesh of trees re: redeeming according to value or with the שדה אחוזה rate

The Gemara proves that Rebbe Shimon cannot hold like Rebbe Akiva (that מוכר בעין יפה מוכר) from a Baraisa: if someone is makdish three trees planted in a density of ten trees per בית סאה, it is considered a field of trees, and the land and trees between them are also hekdesh. Therefore, it is redeemed at the rate for a שדה אחוזה – ancestral field (i.e., an area for planting a chomer of barley for fifty shekels divided between forty-nine years), not according to their value. If there was less or more space between the three trees (so it is not a proper field of trees), או שהקדישן בזה אחר זה – or if he was makdish them one after the other (not simultaneously), the land and trees between them are not hekdesh, so the hekdesh trees are redeemed according to their market value. This Baraisa, which holds that being makdish two trees does not automatically make the land hekdesh, cannot follow Rebbe Akiva’s view, that even a sale is made בעין יפה, nor even the Rabbonon, who agree that hekdesh is made בעין יפה, and land would be included with two trees. Therefore, it must be Rebbe Shimon, and he must hold that even hekdesh is made בעין רעה.

• Someone purchased a field from his father and was makdish it, then his father died

In a Baraisa, Rebbe Yehudah and Rebbe Shimon say that if someone purchases a field from his father, was makdish it, and then his father died, it is still redeemed at the rate of a שדה אחוזה, because the passuk says: "ואם את שדה מקנתו אשר לא משדה אחוזתו" – but (if one is makdish) his acquired field that is not of his ancestral fields, which they darshen: שדה שאין ראויה להיות שדה אחוזה – only a field which was not fit to be an ancestral field is considered an acquired field (and redeemed at market value). יצתה זו שראויה להיות שדה אחוזה – That excludes this field, which is fit to be an ancestral field, since he inherits it when his father dies. Rebbe Meir says this is considered an acquired field, and the passuk excludes where the father died before he was makdish it, because he was makdish an ancestral field. The Gemara assumes that Rebbe Shimon and Rebbe Yehudah hold the passuk excludes even their case, משום דאזלי בתר פדיון – because they follow the time of redemption, and the father died before the redemption in their case. [This contradicts the סיפא of the above Baraisa, which was attributed to Rebbe Shimon]

The Gemara answers that although they generally do not follow the time of redemption, they see an indication in the passuk that it excludes even their case.

• Carob and sycamore trees have the status of trees and the status of land

Rav Huna said: חרוב המורכב וסדן השקמה – a grafted carob tree or a pruned sycamore tree תורת אילן עליו ותורת קרקע עליו – has the status of a tree and has the status of land. It has the status of a tree, דהיכא דאקדיש או זבין שני אילנות והאי יש לו קרקע – where one was makdish or sold two trees plus this carob or sycamore, [the recipient] receives land along with the trees, because we consider the carob as a tree, for a total transaction of three trees. It has the status of land, דלא מזדבן אגב ארעא – in that it is not sold along with land, as opposed to ordinary trees. Rav Huna also said: עומר שיש בו סאתים – a sheaf of grain which contains two se’ah, תורת עומר עליו ותורת גדיש עליו – has the status of a sheaf and has the status of a large heap. It is considered a “sheaf” in that if it is forgotten with two other sheaves, they are considered three forgotten sheaves and are not left for the poor as שכחה. It is considered a “heap” in that if it is forgotten alone, it is not שכחה.

Siman – Thick Piece of Cake (עב)

The cake maker who made a big cake to celebrate being  פודהat market value the three trees he was makdish one after the other, told a customer who was makdish a field he purchased from his father who subsequently died that he could make him a  שדה אחוזה cake for the redemption, now that he finished decorating the cake with a grafted carob tree and pruned sycamore on top, which both have the status of trees and land.