1)A GIFT WITH ZECHIYAH (cont.)

(a)Version #2 - Chachamim of Pumbadisa - Question (Bei Rav): If Reuven wrote a document and a Kinyan was done (Tosfos - and this was written in the document; Rashbam - and the document was given), what is the law?

(b)Answer (Shmuel): One cannot retract after a Kinyan.

(c)Rabanan understood that he cannot retract to give to someone else, but he can retract to keep the property himself.

(d)(Rav Chisda): He cannot retract even to keep the property himself.

(e)Reuven wrote a gift document. A Kinyan was done. (He recovered and wanted to retract.)

1.Rav Huna: You did not do like those who want to be able to retract. I cannot help you.

2)A GIFT 'IN LIFE AND IN DEATH'

(a)(Rav): If a gift document says 'b'Chayim (in life) and in death', it is a Matnas Shechiv Mera.

(b)(Shmuel): It is a gift of a healthy person.

1.Rav says, because it says 'in death', it acquires after death, i.e. it is a Matnas Shechiv Mera.

i.He wrote 'in life' only for a good omen (that he should live).

2.Shmuel says, because it says 'in life', it acquires during life. It is a gift of a healthy person;

i.He wrote 'after death' only to show that the gift is forever.

(c)(Chachamim of Neharde'a): The Halachah follows Rav.

(d)(Rava): If it says 'mi'Chayim (from when he is alive)', it is a gift of a healthy person.

(e)(Ameimar): The Halachah does not follow Rava.

(f)Question (Rav Ashi): This is obvious. Chachamim of Neharde'a said that the Halachah follows Rav!

(g)Answer: One might have thought that Rav admits when he says 'mi'Chayim.' Ameimar teaches that he does not.

(h)Reuven wrote a gift 'in life and in death.' Rav Nachman told him to go to R. Yirmeyah bar Aba in Shum Tamya. (Surely, R. Yirmeyah would rule like the Halachah, i.e. like Rav.)

1.Rav Nachman: Here (Neharde'a) is Shmuel's region. I cannot rule here like Rav here!

(i)Leah wrote a gift 'mi'Chayim.' Rava ruled like he taught (that she cannot retract). She was protesting the ruling.

1.Rava told Rav Papa bar Rav Chanan (his scribe) 'write for her that the decision was that she may retract (so she will go away). Write at the bottom 'he may hire others at their expense, or deceive them' (a Mishnah discussing workers that retracted. Any Chacham who sees this will understand that this was written to deceive her. Really, she cannot retract).

2.Leah: You want to trick me. Your boat should sink!

3.They soaked Rava's garments in water (in order that this should be the fulfillment of the curse). Still, his boat sank.

3)THE GIFT OF A QUESTIONABLE SHECHIV MERA

(a)(Mishnah - R. Meir): If Reuven wrote a gift document, and it did not say that he was sick, and he says that he was sick, and the recipients say that he was healthy, Reuven must bring proof;

(b)Chachamim say, to take money from another, one (in this case, the recipients) must bring proof.

(c)(Gemara): A gift document said 'he said to give...' It did not say 'he died from the sickness.' (The giver is now dead.)

153b----------------------------------------153b

(d)(Rabah): We assume that he died from that sickness, and did not recover in between.

(e)Objection (Abaye): Most people on sinking ships die, yet we are stringent, perhaps they are still alive;

1.Most sick people recover, and all the more so we should be stringent, perhaps he recovered (and the gift was nullified)!

(f)(Rav Huna brei d'Rav Yehoshua): Rabah holds like R. Noson.

1.(Beraisa - R. Yakov): (If a gift document did not say if the giver was healthy or sick,) the giver can take the property from the recipients (even if they already took it) without a proof (that he was sick at the time). They can take it only if they bring proof;

2.R. Noson says, if the giver is healthy now, he must bring proof that he was sick. If he is sick now, they must bring proof that he was healthy.

(g)(R. Elazar): These Tana'im would argue similarly about Tum'ah (whether we follow the original status, i.e. when the doubtful Tum'ah occurred, or the current status, i.e. when the question was asked).

1.(Mishnah): In summer, a valley (enclosed by a fence) is a Reshus ha'Yachid concerning carrying on Shabbos, it is a Reshus ha'Rabim regarding Tum'ah (in doubtful cases of Tum'ah, we assume that it is Tahor);

2.In winter (when very few people walk through), it is a Reshus ha'Yachid also for Tum'ah.

(h)(Rava): This is only if winter did not pass from the time of the doubtful Tum'ah (Tosfos; Rashbam - from the time the valley was fenced). If it did, we considered (and must continue to consider) it a Reshus ha'Yachid.

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