WHO MUST BRING PROOF? (Cont.)
Rejection: No, we need not;
R. Yochanan asked 'according to me, the buyers must validate the document. We understand why the buyers started using the land (they validated it, or relied on the admission of the family that it was written);
According to you, they must bring witnesses. They had no right to start using the land!'
Reish Lakish answered 'I agree that the family has no claim (until they bring proof);
They say that he was a minor. We have a Chazakah that witnesses do not sign unless the parties in the document are adults!'
SELLING THE FATHER'S PROPERTY
Question: How old must one be to sell his father's property (land, that he inherited)?
Answer #1 (Rava citing Rav Nachman): He must be 18 years old.
Answer #2 (Rav Huna bar Chinena citing Rav Nachman): He must be 20 years old.
Question (R. Zeira - Beraisa): A case occurred in which Reuven sold his father's property, and Reuven died. They (members of the family) said that the sale was invalid, for he was a minor at the time. They asked if they may check the body.
R. Akiva: Firstly, you may not check the body, for it is a disgrace. Secondly, signs often change after death.
Granted, according to Rava, Reuven was 18. They thought that if they check and find no hairs, this proves that he was a minor;
However, Rav Huna bar Chinena must say that Reuven was at least 20. Even without hairs, he is an adult!
(Mishnah): If a 20-year old did not bring hairs, he is the Seris (a man who does not develop like a normal male). He does not do Yibum or Chalitzah (even if he brings hairs later, for he is already an adult).
Answer: Reuven did not have signs of a Seris, so if he had no hairs, he was a minor;
(Rav Shmuel bar Rav Yitzchak): The Mishnah says that he is (an adult and) a Seris at age 20 only if he has signs of a Seris.
Support (Rava): It says, he is the Seris.
Question: If he lacks signs of a Seris (and does not bring hairs), when is he (an adult and) a Seris?
Answer (R. Chiya): It is after most (35) of one's expected lifetime (70 years).
When a man would come to R. Chiya (without hairs at an advanced age), if he was thin, he would tell him to fatten up. If he was fat, he would tell him to become thinner;
Version #1 (our text, Tosfos): Sometimes thinness causes hairs to come. Sometimes fatness causes them to come.
Version #2 (Rashbam): Sometimes fatness causes hairs to come. Sometimes it makes them fall out.
Question: If a man without hairs sold during the year (at the end of which he may sell his father's property, i.e. 18 or 20 according to Rava or Rav Huna bar Chinena), what is the law?
Answer #1 (Rava citing Rav Nachman): His sale is invalid.
Answer #2 (Rava bar Rav Shila citing Rav Nachman): His sale is valid.
Rava did not say so explicitly. Rather, it was inferred from the following episode.
Levi sold his father's property during the year. Rava nullified the sale.
The one who saw this assumed that this was because a sale during the year is invalid.
Rejection: We cannot learn from this. Rava saw that Levi was acting excessively foolishly; he freed his slaves.
Question (Gidal bar Menasiya): If a 14-year old girl understands business well, may she sell her father's property?
Answer (Rava): If she understands business well, her purchases and sales are valid.
Question: Why didn't Gidal ask about a boy?
Answer: He asked about a case that occurred with a girl.
Question: Why didn't he ask about a 12-year old?
Answer: The case was, she was 14.
Reuven was less than 20. He sold his father's property. Before he came in front of Rava, his relatives told him to eat dates and throw the pits in front of Rava (to appear foolish). Rava nullified the sale. When they were writing the ruling, the buyers told Reuven to tell Rava 'one can buy an entire Megilas Esther for one Zuz. Must one pay a Zuz just to write your ruling?!'
Rava retracted (because he saw that the boy was sharp) and said that the sale stands. The relatives protested that the buyers taught him to say that.
Rava: Even though he did not think of it himself, since he understands something clever when he hears it, his sale stands. Throwing the pits was due to excessive impudence, and not to immaturity.
TESTIMONY OF ADOLESCENTS
(Rav Huna brei d'Rav Yehoshua): An adult less than 18 (or 20) can testify.
(Mar Zutra): He can testify only about Metaltelim, but not about land.
Question (Rav Ashi): Presumably, you say that he can testify only about Metaltelim, because he can sell them;
If so, even a minor should be able to testify about Metaltelim!
(Mishnah): Pa'utos (children who reached a certain level of maturity. Some reach this at six years, and others, not until 10) can buy or sell Metaltelim.
Answer (Mar Zutra): It says (about witnesses) "v'Omdu Shnei ha'Anashim." Minors are not men.