Bava Basra - Daf 156
- We check for סימנים of adulthood regarding kiddushin, divorce, etc.
Shmuel said: בודקין לקדושין לגרושין ולחליצה ולמיאונין – we check a youth for סימנים of adulthood regarding marriage, divorce, chalitzah, and mi’un (a קטנה married Rabbinically, who can revoke her marriage until reaching adulthood). Although we assume a boy of thirteen and a girl of twelve already developed סימנים of adulthood, we do not rely on this assumption when it causes a leniency, such as allowing her to remarry. The Gemara wonders why a boy needs to be checked before divorcing, if he was already examined before his marriage!? It answers that it is relevant for a קטן who did יבום to his brother’s wife, whose marriage takes effect מדאורייתא even for a קטן. Shmuel mentioned checking for חליצה, to exclude Rebbe Yose’s opinion that a קטנה is eligible for חליצה. He mentioned checking for מיאון, to exclude Rebbe Yehudah’s opinion, that a girl can do מיאון until a stage of maturity later than two שערות.
- Machlokes if רוכל’s sons were wicked for maintaining קוצים in their כרם
In the next Mishnah, Rebbe Eliezer says that even a dangerously ill person must make a kinyan to transfer property. The Chochomim argue and told Rebbe Eliezer about an incident in which the mother of רוכל’s sons declared her brooch (which was worth twelve maneh) should go to her daughter, וקיימו את דבריה – and [the Rabbis] fulfilled her words and gave her the brooch, despite not having made a kinyan!? Rebbe Eliezer responded: בני רוכל תקברם אמן – Rocheil’s sons, their mother should bury them! They were wicked people, and the brooch was given to the daughter to penalize them, not because the gift was effective. Shmuel explains that Rebbe Eliezer considered רוכל’s sons wicked because they were maintaining thistles in their vineyard. He is following his reasoning in a Mishnah which states: המקיים קוצים בכרם – if one maintains thistles in his vineyard, Rebbe Eliezer says: קדש – this condemns the field as כלאים, but the Chochomim say nothing condemns a field as כלאים except דבר שכמוהו מקיימין – something the likes of which people maintain; since people do not generally maintain קוצים, they do not make כלאים. Rebbe Eliezer holds that since in Arabia, people maintain קוצים for feeding their camels, it makes כלאים.
- Machlokes about מתנת שכיב מרע on a weekday vs. Shabbos, and זכין for a גדול vs. a קטן
In the next Mishnah, Rebbe Eliezer says: בשבת דבריו קיימין – if a שכיב מרע gives a gift on Shabbos, his words are fulfilled without a kinyan, מפני שאין יכול לכתוב – since he cannot write, אבל לא בחול – but not if it was given on a weekday. He holds a שכיב מרע was enabled to verbally give gifts on Shabbos only, when he has no other option. Rebbe Yehoshua responds: בשבת אמרו – they said his verbal gift is effective on Shabbos, קל וחומר בחול – then it certainly is on a weekday. He argues that if he can verbally give gifts when he lacks the ability to make a kinyan, then he certainly can when he has that ability.
The Mishnah records a similar dispute. Rebbe Eliezer says: זכין לקטן – one can acquire on a קטן’s behalf, who cannot acquire for himself, ואין זכין לגדול – but one cannot acquire on an adult’s behalf, since he can acquire for himself. Rebbe Yehoshua argues that if one can acquire for a person who lacks the ability to acquire, then certainly he can acquire for an adult who has that ability. In a Baraisa, Rebbe Meir reported these arguments in the reverse.
