Daf Yomi

For the week ending 7 November 2009 / 19 Heshvan 5770

Bava Batra 79 - 85

by Rabbi Mendel Weinbach zt'l
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  • Status of contents of property donated to Sanctuary
  • Transactions involving items not yet in existence
  • What must be left behind in purchase of doves, bees or olives
  • The halachic status of a honeycomb
  • Comparison of the righteous to palm trees and cedars
  • How many trees must one purchase to gain ownership of the land around them
  • Bikurim from purchased produce
  • How much of a tree extending into another's property can be cut down
  • How much land goes along with purchase of three trees
  • When is there a problem of kilayim in regard to a vineyard
  • What is included in sale of an animal part
  • The right to back out of a sale when there is a misrepresentation of the item sold
  • Finalization of a transaction of movable property

Flying the Coop

  • Bava Batra 80a

One who purchases the doves that will be born each month (each month of the year except for Adar a male and female dove was born) must leave the first pair with the mother. The reason for this is so that the mother bird will have the company of her offspring and not be tempted to fly away from the nest.

To this rule stated in the mishna the gemara adds that the buyer must also leave behind the first pair born to the original pair. Once again the reason given is the need for company. Should the offspring of the original pair leave the nest its parents will be without their company and be tempted to leave as well. The chain reaction of such a departure would lead to the mother dove's leaving, thus destroying the purchased nest.

But why, asks Rabbi Cahana, is the original pair dependent on the company of its own offspring if it has the company of its mother? The answer he gives is that a mother is content with the company of its offspring while the offspring is not content with the company of its mother.

What the Sages Say

"If wine sold turns out to be vinegar, or vice versa, both buyer and seller can back out of the deal because some people prefer wine and others vinegar."

  • Mishna and Gemara - Bava Batra 84b

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