1)

(a)In the case where a Shechiv-Mera divided his property between his wife and his sons, leaving over only one date-palm, what did Ravina initially think (with regard to the woman claiming her Kesuvah)?

(b)What would he have said had the husband not left over the date-palm?

(c)Rav Yeimar objected to Ravina's intended ruling. What did he say to him?

(d)Rav Yeimar therefore ruled that she was entitled to claim her entire Kesuvah out of the sons' portions, as well as the date-palm. Why is that?

1)

(a)In the case where a Shechiv-Mera divided his property between his wife and his sons, leaving over only one date-palm, Ravina initially thought that his wife could only claim the date-palm for her Kesuvah (but not from the sons' portions).

(b)Had the husband not left over the date-palm he would have permitted her to claim her entire Kesuvah out of the portions belonging to the sons.

(c)Rav Yeimar objected to Ravina's intended ruling because, he said, if she cannot claim from the sons' portions, she cannot claim from the date-palm either (because if she was Mochel the one, she was Mochel the other).

(d)Rav Yeimar therefore ruled that she was entitled to claim her entire Kesuvah out of the sons' portions as well as the date-palm because once a husband leaves over property, however little, she sees no point in protesting as long as that property has not been assessed, in which case her silence cannot be construed as Mechilah.

2)

(a)What did Rav Huna say about a Shechiv-Mera who wrote all his property to someone other than his son?

(b)What did he actually write?

(c)What makes us assume that if the beneficiary is an heir, he means to give it to his as a Yerushah?

(d)Why did Rav Huna mention specifically a Shechiv-Mera?

2)

(a)Rav Huna ruled that if a Shechiv-Mera wrote all his property to someone other than his son if the beneficiary is an heir then he takes the property as an inheritance, if not, then he takes it as a gift.

(b)He wrote a Lashon such as 'Nechasai lach' which is ambiguous, and can be interpreted according to the situation.

(c)We assume that if the beneficiary is an heir, he means to give it to his as a Yerushah in order not to negate the Torah law of Yerushah.

(d)Rav Huna mentioned specifically a Shechiv-Mera because he was referring to Rebbi Yochanan ben Berokah (who in turn, presented the case of a Shechiv-Mera), but not necessarily to preclude a Bari.

3)

(a)Why was Rav Nachman surprised at Rav Huna's ruling?

(b)How did Rav Nachman therefore establish the actual case to which Rav Huna must have been referring?

(c)What is Rav Huna now coming to teach us?

3)

(a)Rav Nachman was surprised at Rav Huna's ruling because, he told him, if he intended to rule like Rebbi Yochanan ben Berokah, then he should have said so.

(b)Rav Nachman therefore establish the actual case to which Rav Huna must have been referring where Reuven said to Shimon (who was a Shechiv-Mera) 'To whom will you leave your property, to Levi?' To which Shimon replied 'To whom then?' ...

(c)... and Rav Huna is coming to teach us that even in such case, there is a distinction between Matanah and Yerushah (see also Rabeinu Gershom).

4)

(a)Rav Ada bar Ahavah initially suggests that the difference between Yerushah and Matanah concerns an Almanah being fed from her husband's estate. What does he mean to say?

(b)What is the basis for this distinction? Why did Rav Ada bar Ahavah think that if the property was a Matanah, the Almanah could not be sustained from it?

(c)What makes a Matnas Shechiv-Mera a Kinyan de'Rabbanan (i.e. the Takanas Chachamim 'Divrei Shechiv-Mera ki'Chesuvin ve'chi'Mesurin Dami')? Why does the beneficiary not acquire it min ha'Torah?

(d)On what basis did the Rabbanan institute this Kinyan?

4)

(a)Rav Ada bar Ahavah initially suggests that the difference between Yerushah and Matanah concerns an Almanah being sustained from her husband's estate meaning that if the beneficiary received the estate in the form of a Matanah, the widow would not be sustained from it.

(b)The basis for this distinction is the Mishnah in Gitin which rules that an Almanah cannot be sustained from Nechasim Meshubadim.

(c)What makes a Matnas Shechiv-Mera a Kinyan de'Rabbanan (i.e. the Takanas Chachamim 'Divrei Shechiv-Mera ki'Chesuvin ve'chi'Mesurin Dami') is the fact that, min ha'Torah, one cannot acquire a gift after the donor's death.

(d)The Rabbanan instituted this Kinyan to avoid the Shechiv-Mera, so as not to cause him to die when he sees that his last request is not being fulfilled.

5)

(a)On what grounds does Rava now object to Rav Ada bar Ahavah's suggestion? What 'Kal va'Chomer' did he Darshen?

(b)In which case does the Mishnah in Gitin then rule that an Almanah cannot be sustained from Nechasim Meshubadim?

5)

(a)Rava now objects to Rav Ada bar Ahavah's suggestion on the basis of a 'Kal va'Chomer'. Because if she is sustained from her husband's property that belongs to the heirs mid'Oraisa, then she certainly ought to be sustained from property which the beneficiary receives only mid'Rabanan.

(b)And when the Mishnah in Gitin rules that an Almanah cannot be sustained from Nechasim Meshubadim it is referring to a case where the Lekuchos either purchased the property or received it as a gift with a Kinyan d'Oraisa.

6)

(a)Rava therefore concludes by citing Rav Acha bar Rav Ivya (whom we discussed earlier). What did Rav Acha bar Rav Ivya say about someone who says 'Nechasai lach, ve'Acharecha li'Peloni', according to Rebbi Yochanan ben Berokah?

(b)How does this now explain Rav Huna's ruling?

(c)How will this conform with Rav Huna, who specifically mentioned 'Shechiv-Mera she'Kasav' (and not 'she'Amar')?

(d)On what grounds can we not accept the Shechiv-Mera's words 'Acharecha li'Peloni'?

6)

(a)Rava therefore concludes by citing Rav Acha bar Rav Ivya (whom we discussed earlier) who ruled that if someone says 'Nechasai lach, ve'Acharecha li'Peloni' assuming that the first person is an heir, the second person (Acharecha) receives nothing according to Rebbi Yochanan ben Berokah, since 'Nechasai lach' in such a case, is seen as a Lashon Yerushah, in which case, it will automatically pass on to his heirs after his death.

(b)And that is precisely what Rav Huna meant with his distinction. If the beneficiary is an heir then he will receive it as a Yerushah, in which case it will go to his heirs after his death, even if the donor added 've'Acharecha li'Peloni'; whereas if he is not, then, upon his death, it will go to 'Acharecha'.

(c)Despite the fact that Rav Huna referred to 'Shechiv-Mera she'Kasav' he really meant 'she'Amar', because there is no fundamental difference between the two.

(d)We cannot accept the Shechiv-Mera's words 'Acharecha li'Peloni' because having made the first beneficiary a Yoresh, trying to stop the process of Yerushah constitutes 'Masneh al Mah she'Kasuv ba'Torah'.

133b----------------------------------------133b

7)

(a)What did Rav Ilish want to rule in a case of 'Acharecha' where the first beneficiary was an heir?

(b)Rava, citing the words of Acha bar Rav Ivya, compared Rav Ilish initial ruling to the rulings of 'Dayni de'Chatzatzta'. According to Rabeinu Chananel this means graveyard Dayanim (see Rashash). What else might it mean?

(c)Why was Rav Ilish embarrassed?

(d)Rava consoled him by quoting the Pasuk in Yeshayah "Ani Hash-m be'Itah Achishenah". What did he mean by that?

7)

(a)In a case of 'Acharecha' where the first beneficiary was an heir Rav Ilish wanted to abide by the Shechiv-Mera's instructions.

(b)Rava, citing the words of Acha bar Rav Ivya, compared Rav Ilish initial ruling to the rulings of 'Dayni de'Chatzatzta'. According to Rabeinu Chananel this means graveyard Dayanim (see Rashash). Alternatively, it might mean 'compromising Dayanim' (from the word 'la'Chetzotz', to divide).

(c)Rav Ilish was embarrassed because he was afraid that Rava would suspect him of erring in other rulings too (when he was not there to correct him).

(d)Rava consoled him by quoting the Pasuk in Yeshayah "Ani Hash-m be'Itah Achishenah" implying that whenever Tzadikim need salvation, Hash-m sends it (here too, when Rav Ilish needed correction, Hash-m sent him Rava, an indication that when Rava was not there, he had not erred [see also Mesores ha'Shas]).

8)

(a)What does the Tana Kama of our Mishnah say about someone who writes his estate to others, ignoring his children?

(b)What does Rabban Shimon ben Gamliel say?

(c)We ask whether the Rabbanan argue with Rabban Shimon ben Gamliel or not. On what logical grounds might they argue with him?

(d)We try to resolve this She'eilah from a Beraisa which discusses an incident that occurred with Yosef ben Yo'ezer. Why did he declare a wine [or oil]-drawing vessel full of Dinrim, Hekdesh?

8)

(a)The Tana Kama of our Mishnah rules that if someone writes his estate to others, ignoring his children what he did is valid, but the Chachamim are displeased with him for uprooting the Din of Yerushah min ha'Torah.

(b)Rabban Shimon ben Gamliel says that if his sons were not behaving as they should, then what he did was praiseworthy.

(c)We ask whether the Rabbanan argue with Rabban Shimon ben Gamliel or not. They might argue with him on the grounds that sometimes, bad children parent good ones (as we will see later).

(d)We try to resolve this She'eilah from a Beraisa which discusses an incident that occurred with Yosef ben Yo'ezer, who declared a wine [or oil]-drawing vessel full of Dinrim, Hekdesh to prevent his errant son from inheriting it.

9)

(a)Whom did the errant son then marry?

(b)What did he find in the fish that he bought his wife? What was the occasion?

(c)Why did his wife advise him to sell the stone to the treasurers of Hekdesh, rather than to the King's treasurers?

(d)What else did she warn him when having the jewel evaluated?

9)

(a)The errant son then married the daughter of the crown-maker of Yanai ha'Melech.

(b)When he opened the fish that he bought his wife after she had given birth he discovered a precious stone.

(c)His wife advised him to sell the stone to the treasurers of Hekdesh, rather than to the King's treasurers because she knew that the latter would under-assess it.

(d)She also warned him that, when having the jewel evaluated not to name a price, because of the principle 'Amiraso li'Gevohah, ki'Mesiraso le'Hedyot' (One's word to Hekdesh is like handing it to a Hedyot).

10)

(a)What price did they quote for the stone? What did they want the stone for?

(b)What did the son of Yosef ben Yo'ezer reply when the treasurers informed him that they only had seven vessels-full of gold coins in the kitty?

10)

(a)The price they quoted for the stone, which they wanted for the Choshen (see Rashash) was thirteen wine-drawing vessels-full of Dinrim.

(b)When the treasurers informed the son of Yosef ben Yo'ezer that they only had seven vessels-full of gold coins in the kitty, he replied that he would accept what they had, and the remaining six, he declared Hekdesh.

11)

(a)What do we try to prove from the statement 'Yosef ben Yo'ezer brought in one, but his son brought in six'?

(b)The statement may have been made by the assessors for the sake of the records. Who else may have made it?

(c)What can we learn from the alternative version 'Yosef ben Yo'ezer brought in one, but his son took out seven'?

(d)What does this leave us with?

11)

(a)We try to prove from the statement 'Yosef ben Yo'ezer brought in one, but his son brought in six' that the Rabbanan must agree with Raban Shimon ben Gamliel, since the statement is clearly a praiseworthy one, vindicating Yosef ben Yo'ezer's actions (though this proof only seems to be clear according to the second explanation in the following answer).

(b)The statement may have been made by the assessors for the sake of the records. Alternatively, it was made by all the Chachamim of the generation, in order to learn from it, as we explained.

(c)From the alternative version 'Yosef ben Yo'ezer brought in one, but his son took out seven' (which has derogatory connotations), we learn that the Rabbanan must argue with Raban Shimon ben Gamliel.

(d)This leaves us with two conflicting proofs in essence, without a proof.

12)

(a)We resolve our She'eilah from a statement by Shmuel. What did Shmuel tell Rav Yehudah not to do? What does that prove?

(b)What 'Kal va'Chomer' did he add?

(c)How do we resolve Shmuel's ruling with Rebbi Yochanan's principle 'Halachah ke'Raban Shimon ben Gamliel be'Mishnaseinu ... '?

(d)What can we extrapolate from Rava, who rules with regard to a certain Mishnah in Avodah-Zarah like Raban Sheimon ben Gamliel?

(e)What must we bear in mind regarding the many principles stated in Shas (such as 'Halachah ki'S'tam Mishnah', 'Halachah ke'Rebbi Akiva me'Chavero')?

12)

(a)We resolve our She'eilah from a statement by Shmuel, who told Rav Yehudah not to deprive one son of his Yerushah in favor of another, even from a bad son to a good one, a clear proof that the Rabbanan argue with Raban Shimon ben Gamliel (otherwise, like whom would Shmuel hold?)

(b)And the 'Kal va'Chomer' that he added is not to deprive a son in favor of a daughter.

(c)We cannot resolve Shmuel's ruling with Rebbi 'Yochanan's principle 'Halachah ke'Raban Shimon ben Gamliel be'Mishnaseinu ...' because he does not agree with it.

(d)We can extrapolate from Rava, who rules with regard to a certain Mishnah in Avodah-Zarah like Raban Sheimon ben Gamliel that he does not hold like Rebbi Yochanan either.

(e)Regarding the many principles stated in Shas (such as 'Halachah ki'S'tam Mishnah', 'Halachah ke'Rebbi Akiva me'Chavero'), we must bear in mind that they are Halachah, except when the Gemara rules otherwise.

13)

(a)What did Yonasan ben Uziel do, when a man whose sons were not going on the right path, left him his entire estate?

(b)With the continuation of the episode in mind, why did he make a point of first selling a third and declaring a third Hekdesh, before returning the remaining third to the original heirs?

(c)Why did Shamai ha'Zaken approach him with his stick and his satchel?

(d)What did he answer him?

13)

(a)When a man, whose sons were not going on the right path, left his entire estate to Yonasan ben Uziel he sold a third, declared a third Hekdesh and returned the remaining third to the original heirs.

(b)He made a point of first selling a third and declaring a third Hekdesh, before returning the last third to the original heirs to illustrate to Shamai ha'Zaken (whose reaction he anticipated), that he was not returning the property to the original heirs as a Shali'ach of their father, but because he, as the rightful owner, was entitled to do with it as he saw fit.

(c)Shamai ha'Zaken approached him with his stick and his satchel to rebuke him for contravening the wishes of the donor (who did not want his sons to benefit from his property).

(d)To which he replied that just as he was powerless to negate his sale and his declaration of Hekdesh, so too, was he powerless to negate his gift.

14)

(a)What was the basis of Shamai's argument?

(b)What were its ramifications?

14)

(a)The basis of Shamai's argument was the principle 'Mitzvah le'Kayem Divrei ha'Meis'.

(b)Its ramifications were that since Yonasan ben Uziel had contravened the donor's wishes, his gift to the heirs was Bateil, and so was the initial gift to Yonasan ben Uziel (in which case the sale and the Hekdesh were invalid too).

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