Thursday, May 04, 2017

Bava Basra 98a and 102

אמר רבא האי מאן דזבין ליה חביתא דחמרא לחנואה אדעתא לסבוייה
See the dispute between Rashbam and Tosafot. Rashbam asserts that he did not purchase the cask of wine, but agreed to sell on the behalf of the owner. Tosafot (responding to "Rashi", but this is changed by Masores Hashas to Rashbam) say that this cannot be, since the word דזבין is employed, implying that he sold it. Instead Tosafot say he did sell it, and explain difficulties that arise as a result.
However, there is a girsa difference in play. Rashbam does not have the text I cited above. He has:
האי מאן דמזבין ליה חביתא דחמרא לחנווני
while Tosafot have:
האי מאן דזבין חביתא דחמרא אדעתא לסבוייה
Many differences might trigger this difference in understanding. Rashbam has mezabein, to Tosafot's and our gemara's zabein. Rashbam and our gemara have leih (to him) while Tosafot lack leih. Rashbam has lechenvani, our gemara has lechenvaah, and Tosafot lacks it.
So we can read our gemara as "a person who engages in sales on his (?) behalf for shopkeeping" (chenvaah), and this would not present the problem which bothers Tosafot.

Bava Basra 102
The Mishna in Ohalos is better understood in light of Bava Basra 82b:
וכמה יהא ביניהן רב יוסף אמר רב יהודה אמר שמואל מארבע אמות ועד שמונה רבא אמר רב נחמן אמר שמואל משמונה ועד שש עשרה א"ל אביי לרב יוסף לא תפלוג עליה דרב נחמן דתנן מתניתין כוותיה דתנן הנוטע את כרמו שש עשרה אמה על שש עשרה אמה מותר להביא זרע לשם
[If the buyer of three trees is to acquire possession of the ground]. how much [space] must there be between [the trees]?25 — R. Joseph said in the name of Rab Judah in the name of Samuel: [A distance] of four to eight cubits [between any two trees]. Raba said in the name of R. Nahman in the name of Samuel: From eight to sixteen [cubits]. Abaye said to R. Joseph: Do not dispute with R. Nahman, for we learnt a Mishnah that is in agreement with him. For we learnt:26 He who plants his vineyard [and leaves distances of] sixteen cubits [between the rows] may insert seed there.27
That is, that the distance of 4 to 8 cubits between corpses is parallel to the 4 to 8 cubits between trees. There, as in the Mishna in Ohalos, selling one tree gives you just the tree and the immediate dirt, as does selling two trees. Three trees makes an orchard and so all the land comes with it. In Ohalos, one and two corpses just have the immediately surrounding dirt. Once we have three, then it is a cemetery (shechunat kevarim), and they cannot be moved.
The setama degemara shoehorns the Mishna in Ohalos into the box presented by our local Mishna, such that the "4 to 8" must be the side of a cave, and thus from the edge of the first of three corpses to the last of three corpses, rather than the space between each corpse and the next. But we are not talking about digging through rock, and the term is shecunat kevarim, not that it is a kever, nor is it (to employ the term used in Ohalos for the same structure in earth) a sedei kuchim.
And then the setama has difficulties making the "4 to 8" accord with the dimensions by either the Tanna Kamma or Rabbi Shimon. The same about the 20 cubits, and the difficulties which arise there.

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