1)'ACQUIRE WITH THE DONKEY'
(a)If Levi told Yehudah 'acquire like a donkey', he does not acquire;
(b)(Rav Nachman): If he said 'you and the donkey should acquire', Yehudah receives half.
(c)(Rav Hamnuna): Yehudah receives nothing.
(d)(Rav Sheshes): Yehudah receives everything.
(e)Support (Rav Sheshes for himself - Beraisa - R. Yosi): The most bitter part of a cucumber is the inside;
1.Version #1 (Rashbam): Therefore, when taking Terumah, he should take extra from the outside, lest he take from the bitter part to be Terumah on the good part.
2.Version #2 (Tosfos): (Even if the inside of a cucumber separated to be Terumah is bitter, it is still considered food. The separation was valid. He need not take (all the) Terumah again.) Therefore, it suffices to add on extra Terumah from the outside. (end of Version #2)
3.This is like 'acquire with a donkey'! Even though he tried to make the sweet and bitter parts Terumah, and the bitter cannot become Terumah, the sweet becomes Terumah!
(f)Rejection: No, mid'Oraisa the bitter part becomes Terumah.
1.(R. Ila'i): If one separates Terumah from the bad on the good, it takes effect - "v'Lo Sis'u Alav Chet ba'Harimechem Es Chelbo Mimenu";
2.If it did not take effect, he would not bear sin!
(g)Question (Rav Mordechai citing Rav Avya - Mishnah): A case occurred in which five women owned a field. Two of them were sisters. Reuven gathered a basket of dates from the field in Shemitah, gave it to them, and said 'all of you are Mekudashos to me with this basket.' One of them received it on behalf of all of them. Chachamim ruled that the sisters are not Mekudashos.
1.Inference: The other women are Mekudashos, even though the sisters cannot be. This is like 'acquire with a donkey', and it takes effect!
2.Rav Ashi: This explains why I saw Rav Huna bar Avya in a dream last night, because his father asked a question!
(h)Answer (Rav Ashi): We established that the case is, he said 'whoever among you that may have Bi'ah with me is Mekudeshes to me.' (This is excludes the sisters, for surely both have the same status, and both cannot be Mekudashos.)
(i)(Rav Yosef): If Yakov told his wife 'my property is to you and your sons', she gets half, and her sons get half;
1.We learn from the following Beraisa.
2.(Beraisa - Rebbi): "V'Haysah l'Aharon ul'Vanav" - Aharon (the Kohen Gadol) gets half (of the Lechem ha'Panim), and his sons (the other Kohanim) get half.
(j)Objection (Abaye): There, had the verse not mentioned Aharon, he would have received a share. Surely, he is mentioned to teach that he gets half;
1.Normally, a wife does not inherit. Yakov mentioned her to teach that she gets a share like her sons!
(k)Question #1: Cases occurred, and Shmuel and R. Yochanan ruled that she gets half! (Normally, we do not challenge one Amora from another, for they may argue with each other. However, all Chachmei Bavel were Talmidim of Rav or Shmuel (or their Talmidim), and the Halachah follows R. Yochanan against Rav.)
(l)Question #2: Rav Yitzchak bar Yosef taught that once, the king demanded that the rich people and the (less rich) nobles buy a crown for him. Rebbi ruled that the rich pay half, and the nobles pay half!
(m)Answer (to Question #2): Initially, the king wrote only that the rich must pay. The nobles used to help a small amount. When the king found out, he included the nobles to (increase the demand and) teach that each group pays half.
(n)Question (R. Zeira - Beraisa): If one said 'it is upon me to bring a Minchah (flour-offering) of 100 Esronim (the volume of 4320 eggs) in two Kelim', he brings 60 in one Keli, and 40 in another Keli;
1.If he brought 50 in one Keli and 50 in another Keli, he fulfilled his obligation.
2.This is only b'Di'eved. According to Rav Yosef, l'Chatchilah he should bring half in each!
(o)Answer: There, he clearly intends to bring a big Korban. He specified to bring in two Kelim, because he knows that he cannot bring it all in one Keli;
1.He should bring as much as is possible (60) in one Keli.
(p)The Halachah follows Rav Yosef regarding a field (12b), what is considered engaging in the same matter (to be able to retract - 114a), and giving half to one recipient. (Everywhere else (in Bava Basra, or the entire Gemara), the Halachah follows Rabah against Rav Yosef. Here Rabah does not argue, but one might have thought that the Halachah does not follow Rav Yosef due to the question against him - Rosh Bava Metzia 2:17).
2)UNDERSTANDING TO WHOM A MAN LEFT PROPERTY
(a)(R. Ami): If a man (without a wife) sent pieces of silk garments to his house. His sons receive the male garments (what is appropriate for males), and his daughters receive the female garments.
1.This is only if he does not have a daughter-in-law. If he has, she receives the female garments.
2.This is only if his daughters are married. If not, he gives to them before his daughter-in-law.
(b)A Shechiv Mera told witnesses 'my property is l'Vanai (to my sons/children).' He had a son and a daughter.
(c)Question: Would a man call one son 'Banai'? (If so, the son gets everything.) If not, his daughter receives half?
(d)Answer #1 (Abaye): We refer to one son in the plural - "u'Vnei Dan Chushim."
(e)Rejection (Rava): Perhaps one son is not called 'Banai'. The verse says 'Benei" because Chushim's children would be numerous like Chushim (clusters) of reeds.
(f)Answer #2 (Rava): "U'Vnei Falu Eli'av."
(g)Answer #3 (Rav Yosef): "U'Vnei Eisan Azaryah."
(h)A Shechiv Mera told witnesses 'my property is to my sons.' He had a son, and a grandson from a (deceased) son.
(i)Question: Would a man call a grandson 'my son'?
(j)Answer #1 (Rav Chaviva): Yes.
(k)Answer #2 (Mar bar Rav Ashi): No.
(l)Support (for Mar bar Rav Ashi - Beraisa): One who is forbidden by a vow from benefiting from his children is permitted to benefit from his grandchildren.
(a)(Mishnah): If Reuven died, and left minor and adult sons, and the adults improved the property, the minors share in the improvements;
1.If the adults said 'this is what father left. We want to divide, and we will improve our share', they keep their improvements.
(b)Similarly, if his widow improved the property, the children share the improvements;
1.If she said 'this is what my husband left. I will improve my share', she keeps her improvements.
(c)(Gemara - R. Chaviva brei d'Rav Yosef): This is only if the brothers did not have expenditures. If they had expenditures, they keep their improvements.
(d)Question: R. Chanina taught that even if the father only left a pit of water (Rashbam; Tosfos - a guard post), they share the revenue;
1.This is like improvements that come from expenditures (they must guard)!
(e)Answer: Even minors can guard it (the adults have no more expenditures than the minors).