1)

(a)A Shechiv-Mera who recovered came before Rav Huna, to reclaim his property. What did Rav Huna mean when he told him that he had not given away his property in the conventional manner?

1)

(a)When a Shechiv-Mera who recovered came before Rav Huna, to reclaim his property, he told him that he had not given away his property in the conventional manner because, having written the Shtar and handed it to the beneficiary, in addition to having made a Kinyan, he could no longer retract (as we just concluded).

2)

(a)In a case where someone wrote 'be'Chayai u've'Mosi', Rav considered it to be a Matnas Shechiv-Mera (and permitted the benefactor to retract). Then why did he insert 'be'Chayai'?

(b)Shmuel says 'Harei Hi ke'Matnas Bari'. Then why did he add the words 'le'Achar Misah'?

(c)Why does Shmuel not have a doubt like he does in the case of 'Matnas Shechiv-Mera she'Kasuv bah Kinyan'?

(d)How do we know that the current case is one of a Matnas Shechiv-Mera, and not of a Matnas Bari?

2)

(a)In a case where someone wrote 'be'Chayai u've'Mosi', Rav considered it to be a Matnas Shechiv-Mera (and permitted the benefactor to retract). The reason that he inserted 'be'Chayai' was merely as a good sign that he should live.

(b)Shmuel rules 'Harei Hi ke'Matnas Bari', and the reason that he added the words 'le'Achar Misah' was as if to say from now and forever.

(c)Shmuel did not have a doubt like he does in the case of 'Matnas Shechiv-Mera she'Kasuv bah Kinyan' because the fact that he specifically said 'be'Chayai' clarifies his intentions.

(d)We know that the current case is one of a Matnas Shechiv-Mera, and not of a Matnas Bari because otherwise, Rav would not have given it the Din of a Matnas Shechiv-Mera.

3)

(a)In all the previous cases, we rule like Shmuel. How do the Nehardai rule in this case?

(b)What does Rava say about a case where the Shechiv-Mera wrote, not 'be'Chayai', but 'me'Chayai'?

(c)What ruling does Ameimar issue in this regard?

(d)What did Ameimar reply when Rav Ashi remarked that his ruling was obvious, bearing in mind the Nehardai's previous statement?

3)

(a)In all the previous cases, we rule like Shmuel. In this case however the Nehardai rule like Rav.

(b)According to Rava, in a case where the Shechiv-Mera wrote, not 'be'Chayai', but 'me'Chayai' the beneficiary acquires the property, and the benefactor may no longer retract.

(c)Ameimar however rules against Rava (making no distinction between 'be'Chayai' and 'me'Chayai'.

(d)When Rav Ashi remarked that his ruling was obvious, bearing in mind the Neherdai's previous statement Ameimar replied that we may well have thought that they would nevertheless concede that there is a difference between 'be'Chayai' and 'me'Chayai'.

4)

(a)A Shechiv-Mera who wrote in the Shtar 'be'Chayim (or me'Chayim) u've'Ma'ves' recovered and came before Rav Nachman in Neharda'a. Why did Rav Nachman send him to Rebbi Yirmiyah bar Aba in Shum Tanya?

4)

(a)A Shechiv-Mera who wrote in the Shtar 'be'Chayim (or me'Chayim) u've'Ma'ves' recovered and came before Rav Nachman in Neharda'a. Rav Nachman sent him to Rebbi Yirmiyah bar Aba in Shum Tamya because he did not want to issue a ruling like Rav in Neharda'a, which was Shmuel's territory.

5)

(a)How did a woman who had written her Matnas Shechiv-Mera 'me'Chayim u'le'Achar Misah' react, when Rava followed his previous ruling and placed her property in the domain of the beneficiary?

(b)What instructions did Rava then issue his Sofer, Rav Papa Brei d'Rav Chanan? What did he mean with the words 'Socher Aleihen O Mata'an'?

(c)How did the woman react to that?

(d)What did Rava do try and circumvent her curse? Did he succeed?

5)

(a)When, in the case of a woman who had written her Matnas Shechiv-Mera 'me'Chayim u'le'Achar Misah', Rava followed his previous ruling and placed her property in the domain of the beneficiary she did not give up, but insisted that he had erred in his ruling.

(b)Rava countered this, by instructing his Sofer (Rav Papa Brei d'Rav Chanan) to write the property in her name, but to add the words 'Socher Aleihen O Mata'an' (a term borrowed from Bava Metzi'a, which implied that he was tricking the woman).

(c)The woman, who realized what Rava meant, reacted by cursing him that his boat should sink in the river.

(d)Rava tried to circumvent her curse by soaking his clothes in water, but he did not succeed, and his boat sank (though not with him inside it).

6)

(a)How does one normally know that a Shtar Matnas Shechiv-Mera has actually been written by a Shechiv-Mera?

(b)In our Mishnah, which discusses a Shtar from which 'ke'de'Katzir v'Rami be'Arseih' has been omitted, Rebbi Meir maintains that the onus lies on the Shechiv-Mera to prove that he is indeed a Shechiv-Mera. Why is that?

(c)What do the Chachamim say?

6)

(a)One normally knows that a Shtar Matnas Shechiv-Mera has actually been written by a Shechiv-Mera by writing in the Shtar 'ke'de'Katzir v'Rami be'Arseih' (meaning that he was sick and bedridden).

(b)In our Mishnah, which discusses a Shtar from which 'ke'de'Katzir v'Rami be'Arseih' has been omitted, Rebbi Meir maintains that the onus lies on the Shechiv-Mera to prove that he is indeed a Shechiv-Mera because most people are not Shechiv-Meras.

(c)According to the Chachamim however the onus lies on the beneficiary to prove that the donor was a Shechiv-Mera, because of the principle 'ha'Motzi me'Chavero, Alav ha'Re'ayah' (the onus is on the claimant to substantiate his claim).

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

7)

(a)What would they customarily write in a Matnas Shechiv-Mera, besides the fact that he was indeed sick and bedridden?

(b)What would be the problem in a case where this was not done?

(c)When such a case occurred, Rabah ruled 'Harei Meis, ve'Harei Kivro Mochi'ach Alav'. What did he mean by that?

(d)Who would therefore receive the property?

7)

(a)Besides the fact that the Shechiv-Mera was indeed sick and bedridden, they would customarily write in a Matnas Shechiv-Mera that he died from his illness.

(b)In a case where this was not done, the problem would be the possibility that he actually recovered from his original illness, and fell ill again later and died, in which case, the property ought really to go to the Shechiv-Mera's heirs.

(c)When such a case occurred, Rabah ruled 'Harei Meis, ve'Harei Kivro Mochi'ach Alav', by which he meant that, since they now saw that he was dead and buried, it was safe to assume that he died from his original illness ...

(d)... and that the property would therefore go to the beneficiary.

8)

(a)What does the Mishnah in Gitin mean when, in the case of a sinking ship, it rules 'Nosnin Alav ...

1. ... Chumrei Chayim'?

2. ... Chumrei Meisim?

(b)What basic principle distinguishes between a man whose ship sank and that of a Shechiv-Mera?

(c)What Kashya does this distinction prompt Abaye to ask on Rabah's previous ruling?

8)

(a)When, in the case of a sinking ship, the Mishnah in Gitin rules 'Nosnin Alav ...

1. ... Chumrei Chayim', the Tana means that a bas Kohen to a Yisrael is forbidden to eat Terumah (in case he is still alive).

2. ... Chumrei Mesim, he means that a bas Yisrael to a Kohen is forbidden to eat Terumah (in case he is not).

(b)The basic principle that distinguishes between a man whose ship sank and that of a Shechiv-Mera is that whereas the majority of people whose ships sink, do not survive, the majority of sick people, do.

(c)This distinction prompts Abaye to query Rabah's previous ruling on the grounds that if we consider the case of a Yisrael who was married to a bas Yisrael as if he was alive (le'Chumra), how much more so should we assume that the Shechiv-Mera recovered and died only later.

9)

(a)Rav Huna Brei d'Rav Yehoshua establishes Rabah like Rebbi Nasan, in the Beraisa which asks 'Mi Motzi mi'Yad Mi'? What is the Tana referring to?

(b)Rebbi Ya'akov rules that he always takes from them and not vice-versa. Why is that?

(c)What does Rebbi Nasan say?

(d)How does the Machlokes between Rabah and Abaye that we just cited conform with this Machlokes?

9)

(a)Rav Huna Brei d'Rav Yehoshua establishes Rabah like Rebbi Nasan, in the Beraisa which asks 'Mi Motzi mi'Yad Mi'? in the case of a Shtar a Matanah which fails to indicate whether the benefactor was a Shechiv-Mera or a Bari.

(b)Rebbi Ya'akov rules that he always takes from them, and not vice-versa because of the principle 'ha'Motzi me'Chavero, Alav ha'Re'ayah'.

(c)Rebbi Nasan agrees with this only if he is a Shechiv-Mera at the time of the claim, but not if he is a Bari at that time.

(d)The Machlokes between Rabah and Abaye that we just cited conforms with this Machlokes inasmuch as Rabah holds like Rebbi Nasan (who goes after what he is now), and Abaye, like Rebbi Ya'akov (who holds that the majority of sick people recover).

10)

(a)We rule that 'Safek Tum'ah bi'Reshus ha'Yachid', Tamei, bi'Reshus ha'Rabim', Tahor'. With regard to Shabbos, a Bik'ah always has the Din of a Reshus ha'Yachid. What is 'a Bik'ah'?

(b)What Din with regard to Tum'ah, does it have ...

1. ... in the summer?

2. ... in the winter?

(c)What is the reason for this distinction?

10)

(a)We rule that 'Safek Tum'ah b'Reshus ha'Yachid', Tamei, b'Reshus ha'Rabim', Tahor'. With regard to Shabbos, a Bik'ah a field or a series of fields surrounded by a wall is a Reshus ha'Yachid.

(b)With regard to Tum'ah ...

1. ... in the summer it has a Din of a Reshus ha'Rabim.

2. ... in the winter it has the Din of a Reshus ha'Yachid.

(c)The reason for this distinction is because, in the winter, when the ground has been seeded, people are careful not to walk there.

11)

(a)What does Rebbi Elazar mean when he says 'u'le'Inyan Tum'ah ke'Machlokes'? Which Chazakah replaces the Chezkas Mamon?

(b)The Safek here is whether the person entered the Bik'ah in the summer or in the winter. What is now the Machlokes between Rebbi Nasan and Rebbi Ya'akov?

11)

(a)When Rebbi Elazar says 'u'le'Inyan Tum'ah ke'Machlokes', he means that Rebbi Nasan and Rebbi Ya'akov argue there like they argue in the previous case, only a Chezkas Taharah replaces the Chezkas Mamon.

(b)The Safek here is whether the person entered the Bik'ah in the summer or in the winter. Consequently according to Rebbi Nasan, it depends on when he appears before Beis-Din, whereas according to Rebbi Ya'akov, we place him on a Chezkas Taharah, irrespective of when he asks the She'eilah.

12)

(a)What does Rava mean when he qualifies Rebbi Elazar's statement to when no winter passed from the time that the valley was fenced?

(b)What is the basis of Rava's statement?

(c)On what grounds do we refute the text 've'Amar Rava', in which case Rebbi Elazar's statement is based on that of Rava?

12)

(a)When Rava qualifies Rebbi Elazar's statement to when no winter passed from the time that the valley was fenced but once a winter has passed it remains a Reshus ha'Yachid even in the summer.

(b)The basis of Rava's statement is either a Sevara (see Tosfos DH 'Amar Rava') or a Chumra d'Rabanan.

(c)We refute the text 've'Amar Rava', in which case Rebbi Elazar's statement is based on that of Rava on the grounds that Rebbi Elazar lived much before Rava, and it is unlikely for a statement by him to have depended upon one of Rava for interpretation.

13)

(a)How does Rabeinu Chananel explain Rava's statement in view of that of Rebbi Elazar?

(b)In which other point does Rabeinu Chananel explain Rava differently than we did before?

13)

(a)According to Rabeinu Chananel, Rava actually comes to argue with Rebbi Elazar, who does not differentiate in the way that Rava does.

(b)Rabeinu Chananel also explains Rava differently than we did before by establishing 'Lo Avru Alav Yemos ha'Geshamim' (not from the time that the Bik'ah was fenced, but) from the time that the Tum'ah was lying in it.

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