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Bava Basra 108: Rashbam - Ha'Karov, Karov
Simon Wolf <[EMAIL PROTECTED]> asked:
On 108b based on Tosafot Sof Divrei Hamatchil Yachol (the first one), the
Gemara's question of 'Ma Ra'Ita L'Rabot Et Ha'ben' is why should the order
of yerusha be son, father, brother, why not the opposite brother, father, son,
But according to the Rashbam Divrei Hamatchil Ha'Karov, Karov where he says
its Peshita to the Gemara that a son precedes a father, what is the
gemara's question of 'Ma Ra'Ita' --> instead of son, father, brother it
should be brother, son, father (since son must precede father according to
the 'Peshita' in the Rashbam) then what is the chidush of 'She'Ero', that
the father should precede the father's brothers, that the gemara on 109a
says is peshita - 'Lo Tzrichi Kra'.
Simon Wolf, Westport, CT
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The Kollel replies:
The Rashbam that you mentioned is preceded and followed by two other
Rashbam's:
In DH Yachol, Rashbam writes "Yehei Ya'akov Kodem l'Chanoch ben Reuven."
That is, Rashbam was also learning that the question at the "Yachol" stage
was that the father should be first. This is learned from "She'ero," which
would mean, if not for "Hakarov," that we should place the father first
even though he is not the closest relative.
What the Rashbam DH ha'Karov refers to as "Peshita" is that when we are
learning precedence in Yerushah from *"ha'Karov"*, it is obvious that the
father does not precede the son. We *will* learn, however, that the father
is second from *She'ero* -- with only one other relative preceeding him, as
learned from ha'Karov.
Rashbam then explains the Mah Ra'isa (DH u'Mah Ra'isa) that the question
was why did we use ha'Karov for the son (which makes the order son, father,
brother); we should use ha'Karov for the brother (which will make the order
brother father son, as Tosfos explains).
Again, it is only obvious that the son precedes the father as relates to
the Pasuk of "ha'Karov."
D. Zupnik
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