1)GIFTS TO SONS AND DAUGHTERS

(a)(Mishnah): If a man said 'if my wife will give birth...

(b)Inference: A man prefers daughters to sons (he gives more to a daughter)!

(c)Question: R. Yochanan taught that Hash-m hates one who dies without a son to inherit him;

1.It says "v'Ha'avartem Es Nachalso l'Vito", which is similar to "Yom Evrah (Gehinom)".

(d)Answer #1: Regarding inheritance, a son is better (the property is called by the father's name and stays inside his tribe);

1.When giving a gift, men give more to daughters (it is abnormal for them to beg for food).

(e)Answer #2 (Shmuel): The Mishnah discusses a man about to have his first child.

1.(Rav Chisda): If the first child is a daughter, it is a good sign.

2.Version #1: This is because she helps raise future children.

3.Version #2: This is because there is no Ayin ha'Ra'ah (jealousy. A male firstborn receives a double portion. This arouses Ayin ha'Ra'ah.)

4.(Rav Chisda): I prefer daughters.

(f)Answer #3: R. Yehudah taught our Mishnah (we now explain this).

(g)Question: From which teaching of R. Yehudah do we see that a man prefers (giving money to) daughters?

1.Suggestion (Beraisa - R. Meir): "Va'Shem Berach Es Avraham ba'Kol" - he did not have a daughter;

i.R. Yehudah says, this teaches that he had a daughter named 'Bakol'.

2.Rejection: R. Yehudah teaches that Hash-m gave Avraham everything. This does not show that a daughter is preferable to a son!

(h)Answer (Beraisa - R. Meir): It is a Mitzvah to feed daughters, and all the more so to feed sons;

1.This is because sons learn Torah;

(i)R. Yehudah says, it is a Mitzvah to feed sons, and all the more so daughters.

1.This is so they will not be disgraced.

(j)(Beraisa): If she gave birth to a male and female, he receives 150 (silver Zuzim, which is six gold Dinarim), and she receives 50 Zuz.

(k)Question: What is the case?

(l)Answer (Rav Ashi): The father stipulated about twins, and made it contingent on which would be born first;

1.He said 'if she will give birth to a male then to a female, he should receive 200, and she receives nothing. if she will give birth to a female then to a male, they will receive 100 each.'

2.She gave birth to both, and we do not know which was first. In any case, the son receives at least 100;

i.We are in doubt about who receives the other 100, therefore they divide it.

(m)(Beraisa): If she gave birth to a male and a female, he only receives 100.

(n)Question: What is the case?

(o)Answer (Ravina): He stipulated to pay the first person to inform him about his first child.

141b----------------------------------------141b

1.Version #1 - our text - (Beraisa): If one said 'the first person who will tell me that my wife gave birth to a male, I will give to him 100', if she gave birth to a male, the informer receives 100;

2.If he said 'the first who will tell me that she gave birth to a female, I will give to him 100', if she gave birth to a female, he receives 100;

3.Version #2 - Rashbam - (Beraisa): If one said 'the first person who will tell me that my wife gave birth to a male, or who will tell me that she gave birth to a female, I will give to him 100', and she gave birth to a male or female, the informer receives 100; (end of Version #2)

4.If she gave birth to a male and female, he only receives 100.

5.Question: He did not promise to give anything in this case!

6.Answer: The case is, he said also '...or who will tell me that she gave birth to a male and female, I will give to him 100'.

7.Question: In any case, the informer receives 100. Why didn't he say 'whoever tells me the gender of my first child(ren) will receive 100'? (Why did he specify the different cases?)

8.Answer: He excludes a Nafel (stillborn baby. In this case, the informer receives nothing).

2)A KINYAN ON BEHALF OF A FETUS

(a)A man told his pregnant wife 'my property is to the child you are carrying.'

(b)(Rav Huna): A Kinyan on behalf of a fetus is invalid.

(c)Question (Rav Nachman - Mishnah): If a man said 'if my wife will give birth to a male, he should receive 100 Zuz', we fulfill his words.

(d)Rav Huna: I cannot explain our Mishnah. I do not know a Tana who holds like this!

(e)Question: Why didn't he say that the Mishnah is R. Meir, who says that one can transfer ownership of something that is not yet in the world?

(f)Answer: R. Meir said that one can transfer ownership of something that is not yet in the world to someone who is already in the world. He never discussed giving to something not yet in the world.

(g)Question: Why didn't he say that the Mishnah is R. Yosi?

1.(Mishnah - R. Yosi): A fetus disqualifies slaves (that he will inherit from his father, a Kohen) from eating Terumah. He does not permit his mother to eat Terumah. (Until he is born, he is not considered a Kohen. The first law teaches that a fetus already owns what he will inherit!)

(h)Answer: Inheritance is different than Kinyan, for it happens automatically.

(i)Question: Why didn't he say that the Mishnah is R. Yochanan ben Brokah, who says that a man can transfer inheritance in an expression of inheritance or gift?

1.(Mishnah - R. Yochanan ben Brokah): (If Reuven said 'Ploni will inherit me',) it takes effect if Ploni could inherit him. Our Mishnah did not specify how the fetus should receive the money. Since the fetus will inherit him, presumably, it should be like an inheritance!)

(j)Answer: R. Yochanan ben Brokah said that one can transfer inheritance to someone already in the world. He never discussed giving to someone not yet in the world.

(k)Question: Why didn't he say that the Mishnah is R. Yochanan ben Brokah, and he holds like R. Yosi (that a fetus inherits)?

(l)Answer: We have no source to say that he holds like R. Yosi.

(m)Question: Why didn't he say that the case is that he stipulated to pay the first person to inform him about his first child?

(n)Answer (Seifa): If (she gave birth to a Tumtum and) there are no other heirs, he inherits everything.

1.Clearly, the Mishnah does not discuss an informer!

(o)Question: Why didn't he say that the Mishnah discusses when he gave the gift after his child was born (before he heard its gender)?

(p)Answer (Mishnah): If he said 'whatever she will give birth to...'

1.If the baby was already born, it should say 'whatever she gave birth to...'

(q)Question: Why didn't he say that the Mishnah discusses one who said 'when she will give birth, the baby will receive...'

(r)Answer: Rav Huna holds that even if one says 'when she will give birth...', the baby does not acquire.

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