BSD

 

Beitza 37b (3)

1- We discussed the case of 2 partners that jointly owned a bottle of wine. Yom Tov morning they decided to split the wine.

Now, each partner made an Eiruv that allows him to carry an additional 2,000 Amos outside the city limits. The issue is that each partner made his own Eiruv in a different direction.

Until the bottle was divided, meaning prior to their partnership dissolving, the bottle could only be carried to the Techumin limits that they both have.

But now that the bottle was split, each wants to carry his share to his limit.

The question is a fundamental one concerning B’riera. See here.

When partners split up do we say that the share each received was always “his”.

Or one can say that until the breakup, each owned 50% and this 50% is mixed with his partner’s 50%.  Thus, when splitting we do not know if he really received his ‘own’ 50%.

See previous shiur Beitza 37b (2).  

2- Our Gemara discusses the topic of סוף הטומאה לצאת. We discussed it at length on Daf 10a.

The case of Breira quoted by our Gemara concerning ‘sof ha’tumah lotzeis’. The path of a deceased body on the way to burial is considered ‘tamei’ rendering all overhead rooms, halls, arches and doors to be tamei. If Breira applies here then by choosing a particular path after the person has dies this choice is valid retroactively and all other paths are tahor.

3- We had a heated discussion concerning the opinion of Rav Yochanan that brothers that inherit property (or anything else) it is considered as if they “purchased their portion” from each other.

The reason for this is, as above, we do not apply Breira. So one does not really know if the portion he received is ‘really’ his. It’s just that there is no other way to split an inheritance other than each taking 50%.

So, being that we don’t know what the true split is, we assume that it is considered as if they “purchased their portion” from each other.

Now, in general, when Yovel approaches, all purchased fields return to the seller.

The ‘seller’ in our case of two brothers splitting an estate is….each brother. So the entire estate goes back to the ‘estate’.

We were unsure exactly how that works. Need to research it.

4- We mentioned the Gemara in Gitin 48a, where it questions the result of this logic.

א”ר יוסף אי לאו דא”ר יוחנן קנין פירות כקנין הגוף דמי לא מצא ידיו ורגליו בבית המדרש דא”ר אסי א”ר יוחנן האחין שחלקו לקוחות הן ומחזירין זה לזה ביובל

Bikurim need to be brought from a field that belongs to you, excluding fruits from fields that have been purchased, since the field will need to be returned at Yovel.

So Bikurim can only be brought from fields that have been inherited.

According to Reb Yochanan, only a בן יחיד the son of a בן יחיד (going up all the way to the ראש השבט) can bring bikurim!