1)WHAT IS CALLED PROPERTY?
(a)Animals are called 'property';
1.(Mishnah): If Reuven was Makdish his property and it included animals fitting for Korbanos, males are Olah offerings, and females are sold to people who want to bring Shelamim,
(b)Birds are called 'property';
1.(Mishnah): If Reuven was Makdish his property and it included things fitting for the Altar: wine, oil and birds...
(c)Tefilin are called 'property';
1.(Mishnah): If Reuven was Makdish his property, he redeems them for their value.
(d)Question: Is a Sefer Torah called 'property'?
1.Since one may not sell it, it is not called 'property';
2.Or, since one may sell it to learn Torah or marry a wife, it is called 'property.'
(e)This question is unsettled.
2)RETRACTING FROM A GIFT
(a)Rav Zutra bar Tuvya's mother wrote her property to him before marrying Rav Zevid (so Rav Zevid would not get her property). He divorced her.
1.Rav Bivi bar Abaye: She gave to him the property because she wanted to get married, and she did!
2.Rav Huna brei d'Rav Yehoshua: Even according to the opinion that a Mavrachas document acquires, that is only when she did not reveal why she gives the property;
i.Here, she said that it was because she wanted to marry. Now that she is divorced, all agree that she gets back the property.
(b)Rami bar Chama's mother wrote her property to him at night, and to Rav Ukva bar Chama the next morning. (Later, she died.) Rav Sheshes established the property with Rami.
1.Rav Ukva bar Chama went to Rav Nachman. He established the property with Rav Ukva.
2.Rav Sheshes (to Rav Nachman): Why did you do that?
i.You cannot say it is because she retracted. She died!
3.Rav Nachman: Shmuel taught that anyone who could retract if he recovered, he can retract even if he did not recover. (Since she wrote to Rav Ukva, this shows that she retracted from giving to Rami.)
4.Rav Sheshes: Shmuel said so regarding retracting to take back the property for himself. Did he say so in order to give it to someone else?!
5.Rav Nachman: Yes, he explicitly said 'he may retract to take back the property for himself, or to give to someone else'.
(c)Rav Amram Chasida's mother had loan documents. When she died, she said 'they are to my son Amram.'
1.Amram's brothers: He did not do Meshichah!
2.Rav Nachman: Words of a Shechiv Mera are like a document that was given. (Meshichah is not needed.)
(d)Rav Tuvi bar Rav Masnah's sister wrote her property to Rav Tuvi in the morning. His brother Rav Achdevoy came to her that afternoon, crying.
1.Rav Achdevoy: People will say that he is a Chacham, and I am not!
2.She wrote the property to him. He came in front of Rav Nachman.
3.Rav Nachman: Shmuel taught that anyone who could retract if he recovered, he can retract even if he did not recover (Rav Achdevoy gets the property).
(e)Rav Dimi bar Yosef's sister had a small orchard. Whenever she got sick, she would give it to him. When she recovered, she would retract.
1.Once, she got sick and called him to come to acquire it. He sent a message 'I am not interested.' She sent to him 'come and acquire it however you want (i.e. in a way that will not allow me to retract).'
2.He left part for her, and made a Kinyan on the rest. She recovered and retracted, and came in front of Rav Nachman. He called Rav Dimi to come.
3.Rav Dimi saw no need to come. Since she kept part, it was like a healthy person's gift, and he acquired!
4.Rav Nachman: If you do not come, I will put you in Cherem!
i.When she had heard that Rav Dimi did not want to come, she said 'woe, I will die without seeing him.'
5.Rav Nachman: This shows that the gift was because she expected to die. Therefore, she may retract.
3)WHEN IS A KINYAN REQUIRED?
(a)(Rabanan citing Rav Nachman): A partial Matnas Shechiv Mera (he kept some property) is like a gift of a healthy person, and like a gift of a Shechiv Mera:
1.It is like a gift of a healthy person. If the giver recovers, he cannot retract;
2.It is like a gift of a Shechiv Mera. It does not require a Kinyan.
(b)(Rava citing Rav Nachman): No, it is (totally) like a gift of a healthy person. It needs a Kinyan.
(c)Question (Rava - Mishnah): If a Shechiv Mera gave a gift, and kept some property, if he recovers, he cannot retract.
1.Suggestion: This is when no Kinyan was made.
(d)Answer: No, a Kinyan was made.
(e)Question (Rava - Seifa): If he did not keep any property, if he recovers, he can retract.
1.If a Kinyan was made, why can he retract?
(f)Answer (Rav Nachman citing Shmuel): If a Shechiv Mera gave all his property to others, even if they acquired from him, if he recovers, he can retract;
1.Surely, he gave only because he expected to die.
(g)Question (Rav Mesharshiya - Mishnah): A case occurred in which the mother of Benei Rochel was sick. She said 'give my clasp to my daughter. It is worth 1200 Zuz.' The mother died, and Chachamim fulfilled her words.
(h)Answer (Rava): There, she gave only because she expected to die.
(i)Question (Ravina - Mishnah): If Reuven said 'give this Get to my wife and this Get of freedom to my slave', and he died, we do not give the Get posthumously;
1.If he said 'give 100 Zuz to Ploni', and he died, we give it posthumously.
2.Question: Why can't we answer that a Kinyan was made?
3.Answer: Presumably, the Seifa is like the Reisha. Just like one cannot acquire the Get for her (unless she appointed him to be a Shali'ach, for a Get is detrimental for her), no one acquired the money for Ploni.
(j)Answer (Rava): There, Reuven gave only because he expected to die.
(k)(Rav Huna brei d'Rav Yehoshua): Normally, one who gives only because he expects to die must make a Kinyan;
1.These Beraisos that do not require a Kinyan discuss one who gave away all his property. Then, it is like a Matnas Shechiv Mera.
(l)The Halachah is, a partial Matnas Shechiv Mera requires a Kinyan, even if he died;
1.One who gave only because he expected to die does not require a Kinyan, on condition that the giver died.
2.If he recovered, he can retract, even though a Kinyan was made.