Bava Basra 066: Anything Mechubar is like Karka, or Ayin Yafah?

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Bava Basra 066: Anything Mechubar is like Karka, or Ayin Yafah?
 
Meir Eliezer Bergman <mark.berg...@thalesgroup.com> asked:
 
Rashbam says on 66b (11 lines up) that we cannot say the reason of Rebbi 
Eliezer (about Machteshes Kevuah) is because of Ayin Yofe, because he says a 
Klal ("Kol..."). Yet, the Gemoro on 65b did suggest his reason was Ayin Yofe!?
 
Kol Tuv,
Meir Eliezer Bergman
Manchester UK
-------------------------
 
Reb Meir Eliezer - that is an excellent question. The Ritva asks your question 
and says that this is another reason that the Ri in Tosfos (DH Ba'i) argues 
with the Rashbam. 
 
To defend the Rashbam, the Ritva proposes that the Rashbam means that after the 
Gemara (66a) concludes - based on the Mishnah of Daf Nachtomim - that R. 
Eliezer indeed holds Talush veliv'Sof Chibro is like Mechubar, it becomes 
evident that the words of R. Eliezer in the Beraisa of selling a house should 
indeed be taken literally (and "*anything* Mechubar is like Karka").
 
You might yet ask, why does the Rashbam bother mentioning this Diyuk 
altogether? If the clear proof of R. Eliezer's opinion is from the Mishnah of 
Daf Nachtomim, let it suffice for the Rashbam to cite that Mishnah (as he does 
in his second proof). Why must he also bring the dubious proof from R. 
Eliezer's statement in the Beraisa of selling a house?
 
The answer to this can be found in the last line of Tosfos. Rashbam is 
inferring from the wording of our Gemara, that the Gemara (i.e. Rav Yosef, who 
proposes the question in this Gemara) does indeed learn from the wording of 
"anything Mechubar is like Karka" that Talush veliv'Sof Chibro is Mechubar. 
That is why our Gemara quotes from those words of Rebbi Eliezer. In the final 
analysis Rav Yosef has rejected the possibility of reinterpreting those words 
to mean "b'Ayin Yafah Mocher."
 
Best wishes,
Mordecai Kornfeld
Kollel Iyun Hadaf


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