1)THE POOR SUFFER

(a)Question (R. Yehoshua ben Levi): Why does it say "Kol Yemei Oni Ra'im"? He eats well on Shabbos and Yom Tov (we distribute Tzedakah to the poor then)!

(b)Answer: Even Shabbos and Yom Tov are bad for him, like Shmuel taught.

1.(Shmuel): A change from one's normal diet prompts (intestinal) sickness.

(c)(Sefer ben Sira): "Kol Yemei Oni Ra'im" includes the nights. His roof is lower than the others, and rainwater falls onto his roof and drips inside;

1.His vineyard is the highest. Its soil gets washed onto others' vineyards.

2)WHEN ARE SAVLONOS RETURNED?

(a)(Mishnah): If Reuven sent Savlonos to his father-in-law's house, even if he sent 10,000 Dinarim and he ate there only one meal worth a Dinar, he does not get anything back (even if there will be no Nisu'in, e.g. one of them died or he decided to divorce her);

1.If he never ate there, he gets back what he sent.

2.If he sent much Savlonos (and stipulated that it is) in order that she bring them to him at the time of Nisu'in), he gets back what he sent.

3.If he sent a small amount for her to use in her father's house, he does not get them back.

(b)(Gemara - Rava): This is only if he ate a Dinar's worth. If he ate less, he gets back what he sent.

(c)Question: This is obvious. The Mishnah says 'a Dinar'!

(d)Answer: One might have thought that the same applies even if he ate less than a Dinar's worth, and the Mishnah gave a typical case. Rava teaches that this is not so.

(e)Questions: The Mishnah says 'if he ate', he does not get anything back. If he drank, what is the law?

1.The Mishnah says 'if he ate...'. If his messenger ate, what is the law?

2.The Mishnah says 'if he ate there'. If they sent food for him and he ate it elsewhere, what is the law?

(f)Answer (and question against Rava - Rav Yehudah): A case occurred in which Shimon sent 100 wagons of wine and oil, Kelim of gold and silver, and silk garments. He came to the door, and they gave to him a cup of hot water. He drank it outside. He died before the Nisu'in. The Chachamim in Usha ruled that those gifts that normally would not last (until the Nisu'in, e.g. wine) are not returned. Gifts that normally would last (e.g. gold and silver Kelim) are returned.

1.This teaches that even if he drank, and even if he consumed less than a Dinar, the gifts are not returned.

(g)Answer (for Rava - Rav Ashi): Perhaps a gem worth 1000 Dinarim was ground up into the water (this is sometimes done for a cure).

(h)Inference: The episode teaches that even if they sent food for him and he ate it elsewhere, the gifts are not returned.

(i)Rejection: Perhaps eating at the door to his father-in-law's house is like eating in the house.

3)HOW MUCH SAVLONOS ARE RETURNED?

(a)Question: (If he ate for a Dinar, Savlonos are not returned.) If he ate for part of a Dinar (e.g. a third), do we say that the corresponding portion (a third) of the Savlonos are not returned?

(b)Question: (When Savlonos must be returned,) if they increased in value, is the increased value returned?

1.Since if they are intact, they themselves are returned, it is as if the Chasan's property increased in value;

2.Or, since if they are lost or stolen she must return their value, it is as if her property increased in value?

(c)These questions are unsettled.

(d)Question (Rava): If Savlonos that normally do not last, happened to last, what is the law?

(e)Answer #1: Rav Yehudah taught... Chachamim in Usha ruled that gifts that normally do not last are not returned. Gifts that normally last are returned.

1.Suggestion: Gifts that normally do not last are not returned, even if they happened to last!

(f)Rejection: No. Only if they wore out, then they are not returned.

(g)Answer #2 (Mishnah): If he sent a small amount of Savlonos for her to use in her father's house, he does not get them back.

(h)Rejection (Rava): This refers to kerchiefs (they are inexpensive, and the Chasan pardons them. We cannot learn to expensive gifts).

(i)(Rav Yehudah): A case occurred in which a Chasan sent to his father-in-law new wine, new oil and new linen garments at Shavu'os.

(j)Question: What do we learn from this?

(k)Answer #1: This teaches the praise of Eretz Yisrael (he was able to harvest new fruits before Shavu'os).

(l)Answer #2: If a Chasan will make such a claim (that he sent new wine... at Shavu'os), we do not say that surely he is lying.

(m)(Rav Yehudah): A case occurred in which people told a Chasan that his wife cannot smell (this is a blemish, it invalidates the Kidushin). He entered a ruin with her, and said 'I smell a radish in Galil.'

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1.His wife: If only someone would give me dates of Yericho, I would eat them! (Some say that she smelled that he had dates with him, and answered him jokingly.)

2.The ruin collapsed, and she died. Chachamim ruled that since he was testing her, he does not inherit her. (Rashbam - she was fully married to him. He intended to divorce her if he finds that she cannot smell. R. Tam - she was only Mekudeshes, and he owned the ruin. Since he brought her there only to test her, this is not Nisu'in, so he does not inherit her.)

(n)(Mishnah): If he sent a small amount of Savlonos for her to use in her father's house...

(o)(Ravin Sava): Whether he or she died or he retracted, the gifts are returned. Food and drink are not returned;

1.If she retracted, even bundles of vegetables are returned.

(p)When returning (money in place of) food, we evaluate meat according to the cheaper price.

(q)Question: How much is this?

(r)Answer: It is a third less than what it sells for on the market day.

4)MATNAS SHECHIV MERA

(a)(Mishnah): If a Shechiv Mera gave away all his property and retained any amount of land for himself, he cannot retract (it is like a gift of a healthy person);

(b)If he did not keep land for himself, he can retract.

(c)(Gemara) Question: Who is the Tana of the Mishnah, who follows estimation (of one's intention, that he gave all his property only because he did not expect to live)?

(d)Answer #1 (Rav Nachman): It is R. Shimon ben Menasiya.

1.(Beraisa): If Reuven went overseas, and his father heard that Reuven died, and wrote all his property to others, and later Reuven returned, the gift stands;

2.R. Shimon ben Menasiya says, the gift is void. Had he known that his son was alive, he would not have given it.

(e)Answer #2 (Rav Sheshes): It is R. Shimon Shezuri.

1.(Beraisa): At first, they used to say that if one was being led to his execution and said 'write a Get to my wife', we write and give it (surely, he wanted us to give it. He forgot to say this because he was distracted);

2.Later, they said that this applies also to one who is boarding a ship to go overseas or leaving with a caravan;

3.R. Shimon Shezuri says, this applies also to a Shechiv Mera.

(f)Question: Why didn't Rav Nachman establish our Mishnah like R. Shimon Shezuri?

(g)Answer: There, he said 'write' (which shows that he wants to divorce her. Here, he did not say anything showing that the gift was conditional).

(h)Question: Why didn't Rav Sheshes establish our Mishnah like R. Shimon ben Menasiya?

(i)Answer: There, certainly, had he known that his son was alive, he would not have given to someone else. Here, it is not so certain that the gift was conditional.

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