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Bava Basra 107: Rav Asi's doubt
Mark Bergman <[EMAIL PROTECTED]> asked:
Can you explain what Tos. DH VeRav is asking? Is he asking how the Gemoro
knows what Rav Assi's doubt is, or is he asking why Rashbam explains as he
does?
Kol Tuv
Mark Bergman
Manchester UK
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The Kollel replies:
According to the first explanation, the brother is reimbursed one fourth of
the total. That result can be reached by saying that it is a Safek whether
the brothers are Lekuchos B'achrayus (= one half reimbursement) or she'Lo
b'Achrayus (= no reimbursement). If so, the Gemara had no reason to make
Rav Asi's Safek broader than necessary - i.e. whether the brothers are
Yorshim or Lekuchos.
According to the second explanation, in which Rav Asi entitles the brother
to be reimbursed one half of the total amount that was taken from him (one
fourth land and one forth money), the Gemara is clear, because the *only*
way for Rav Asi to have reached that ruling is if he was unsure if the
brothers are Yorshim or Lekuchos b'Achrayos.
D. Zupnik
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