BAVA BASRA 149 - A week of learning has been dedicated towards meriting a Refu'ah Sheleimah for Eliezer Lipa ben Yetta, by Mr. and Mrs. Kornfeld of Yerushalayim.

1)PHRASES THAT EXPRESS TRANSFER OF OWNERSHIP

(a)(Rav Sheshes): 'He will take, he will merit, he will make Chazakah, he will acquire' are all expressions of a gift (but an expression of inheritance does not take effect, according to Chachamim).

(b)(Beraisa): Even if he said 'he will inherit', if the recipient could inherit the giver, it takes effect.

1.This is like R. Yochanan ben Brokah.

(c)Question: If he said 'he will benefit from them', what is the law?

1.Does he mean that they are a total gift?

2.Or, does he mean that he may benefit from them?

(d)Questions: If he said 'he will be seen in them', 'he will stand in them', or 'he will be supported by them', what is the law?

(e)These questions are unsettled.

(f)Question: If one sold all his property, what is the law?

(g)Answer #1 (Rav Yehudah): If he recovered, he cannot retract.

(h)Answer #2 (Rav Yehudah): If he recovered, he can retract.

(i)These answers do not argue. If he still has the money he received for it, he can retract. If he used the money to pay debts, he cannot retract.

(j)Question: If a Shechiv Mera admitted (that property that was Muchzak to be his really belongs to someone else), what is the law?

(k)Answer: We learn from the following episode.

1.Isar (a convert) had deposited 12,000 Zuz with Rava. Isar was about to die, and he wanted to give to them to his son Rav Mari. Isar had converted between the conception and birth of Mari. (According to Halachah, Isar had no sons or heirs.) Mari was away learning.

2.Rava: Isar has no way to give the money to Mari!

i.Mari does not inherit Isar;

ii.He cannot give a Matnas Shechiv Mera. It is like inheritance, so only one who has heirs can give a Matnas Shechiv Mera;

iii.He cannot give through Chalipin, for coins cannot be acquired through Chalipin;

iv.He cannot give Agav (along with) land, for he does not own land;

v.If he wants to give through Ma'amad Sheloshtan (144a; Reuven tells Shimon in front of Levi 'you have money of mine. Give it to Levi', Levi acquires it), I will not go;

3.Question (Rav Ika brei d'Rav Ami): He can admit that the money belongs to Rav Mari. Rav Mari will acquire through Odisa (Kinyan through (even a false) admission)!

i.Word spread that Isar admitted that the money belongs to Rav Mari; Rava was upset that someone told him, causing a loss to Rava! (If not for the Odisa, the money would have become Hefker when Isar died, and Rava could have kept it.)

149b----------------------------------------149b

2)HOW MUCH MUST A SHECHIV MERA LEAVE OVER?

(a)(Mishnah): If he left over any amount of land, he cannot retract.

(b)Question: What it considered 'any amount'?

(c)Answer #1 (Rav Yehudah): He must leave enough land to support himself from it.

(d)Answer #2 (R. Yirmeyah bar Aba): He must leave enough Metaltelim to support himself.

(e)(R. Zeira): These are great teachings!

1.If he left over any amount of land, he cannot retract. This shows that he made provisions to support himself (in case he will live);

2.The same reasoning applies when he leaves over Metaltelim!

(f)Objections (Rav Yosef): The Mishnah discusses leaving over only land, but not Metaltelim! The Mishnah discusses leaving over any amount, even if it is not enough to support himself!

(g)Answer (part 1 - Abaye): Sometimes a Mishnah says 'land', but it also applies to Metaltelim!

1.(Mishnah): If Reuven wrote all his property to his slave, the slave goes free (and gets everything);

2.If Reuven kept any amount of land, the slave is not free. (This suggests that Reuven kept also part of the slave. Partial freedom does not take effect);

3.R. Shimon says, in either case he is free, unless Reuven wrote 'all my property is to my slave, except for one part in 10,000 (or any fixed fraction, for then he keeps part of the slave)'.

4.(Rav Dimi bar Yosef): Keeping Metaltelim is like keeping land regarding a slave (he does not go free), but not regarding a Kesuvah.

i.(If one wrote his property to his sons and gave to his wife any amount of land, she forfeits her lien on the property to collect her Kesuvah. This does not apply if he gave to her Metaltelim.)

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