Question (R. Hillel bar Pazi, to R. Yosi): If he sold [his wife's property] and she died [what is the law]?

Answer (R. Yosi): His sale is Batel. This is like a son who sold [his father's property] in his father's lifetime, and then his father died. (One cannot sell what is not in his Reshus.)

Question: If she sold [her property] and he died [what is the law]?

Answer (R. Yosi): Her sale is fulfilled. This is like a father who sold [his son's property] in his son's lifetime, and then his son died. (The case is, the son gave the property to his father for a gift, the Guf now and the Peros after death.)

(Beraisa): If one said 'give my property to Ploni, and if Ploni dies to Ploni (i.e. a second person), and if Ploni dies to Ploni - if the first dies, it is given to the second. If the second dies, it is given to the third;

If the second died in the first's lifetime, since the second did not acquire, the third did not acquire.

(R. Yonah): So explained R. Hoshayah, the father (master) of the Mishnah - [if he said] 'after him (the first) to Ploni, and after him to Ploni' (the first acquired Guf and Peros, so if the second died before him, after the first dies, it goes to his heirs. However, if he said '[if Ploni] dies [to Ploni...]', the first acquired only Peros, so if the second died in the first's lifetime, after the first died, it returns to the givers heirs.)

Objection: Had it said 'if the third died in the second's lifetime, since the second did not acquire, the heirs (i.e. of the third) do not acquire', it would be proper to say [that it discusses] 'after him to Ploni, after him to Ploni.' (However, it did not teach this! Rather, he said 'if he dies'; he was Makneh only the Peros, so if the second died in the first's lifetime, after the first died, it returns to the giver's heirs. We explained this like SEDEI YEHOSHUA.)

(Beraisa): The first [who received Peros] may sell the land and buy Peros. Rebbi says so;

R. Shimon ben Gamliel says, he has rights only to eat the Peros (he cannot sell the land).

(Chizkiyah): The Halachah follows Rebbi (he may sell even the Guf in order to eat. We explained this like SEDEI YEHOSHUA.)

(R. Yanai): Rebbi agrees that he may not give it for a Matanas Shechiv Mera (for it acquires only after death, and the giver stipulated that the next recipient acquire after death).

Question (R. Chiya bar Maryei, in front of R. Yonah): If [one gave gift to a woman, and said 'after you to Ploni', and] she sold it to her husband, what is the law?

Answer (R. Yonah): Since Chizkiyah said that the Halachah follows Rebbi, this teaches that her sale is a sale.

(R. Mana, in front of R. Yosi): And this woman [who sold to her husband], since her husband must feed her, [she did not sell it in order to receive money for it. Rather,] is it not like Matanas Shechiv Mera (so he will get it after her death, and not Ploni)?!' (We explained this like SHA'AREI TORAS ERETZ YISRAEL.)

Rebuttal (R. Yosi): Her husband must feed her like is proper for her, i.e. [bread with] oil and salt. She wants to sell it and eat chickens.

Inference: If the first wanted to sell it and eat chickens, he may sell. (One might have thought that he can sell only for an absolute need. R. Yosi teaches that he can sell even for extra food.)

(R. Yakov bar Acha): It was taught there - burial is like her food. Just like you say there that he sells land and buys food, also here he sells land and buys [needs of] burial.

(R. Yosi): These who write [to the woman in a document, before the Nisu'in] 'if you will die without children, all her [dowry] will return to her father's house', this is a monetary Tenai, and a monetary Tenai is fulfilled.

(Mishnah - R. Tarfon): If Levi died, leaving a widow, a creditor and heirs, and someone else had a deposit from Levi or owed a loan to him, it is given to the weakest of them (among the widow, creditor and heirs. The Gemara will discuss who is weakest. Normally, there is no lien on inherited Metaltelim to pay a Kesuvah or debt. Here is different, because they are not in the heir's Reshus.)

R. Akiva says, we do not show mercy in judgment. Rather, the heirs get it, since a widow or creditor collects only with a Shevu'ah, but heirs do not need to swear.

(Gemara - R. Yosi ben Chaninah): [It is given to the one who has] the weakest proof, e.g. [if there are two creditors, and one has a loan through witnesses, and one has a loan with a document, it is given to the loan with witnesses.

(R. Yochanan): [It is given to the one who has] the weaker body (the woman - it is harder for her to pursue buyers in Beis Din).

Question: Exert yourself [and you will find the answer]! If [the one who has the weaker body] was rich, like these people of Bar Andrai (do they have precedence?! They have more clout to take from buyers than other people do!)

Answer (R. Acha): [It is given to the one who has] the weaker body, and he is poor;

This is like the relative of R. Shimon bar Aba. They gave to her due to weakness (like R. Tarfon). Reish Lakish brought the slaves of R. Yudan ha'Nasi and took from her (like R. Akiva).

R. Yochanan was going on the shoulders of R. Shimon bar Aba. [R. Yochanan] said, what happened to that poor [relative of yours]?

R. Shimon bar Aba: Reish Lakish brought the slaves of R. Yudan ha'Nasi and took from her.

R. Yochanan: Did he do properly?! (Once they ruled, he should not have reversed the ruling!)

(R. Yirmeyah, in front of R. Ze'ira): Will we say that R. Yochanan holds like he taught elsewhere, and Reish Lakish holds like he taught elsewhere?

They argued [about retraction]. All agree that if [a judge] erred about Shikul ha'Da'as (there is not a clear ruling, but the Sugya favors one opinion, and the judge ruled like the other opinion), we do not retract the ruling. [If he erred about something explicit] in the Torah, [all agree that] we retract;

What do they argue about? A mistake of Mishnah (a clear ruling, but it is not explicit in the Torah). R. Yochanan holds that a mistake of Mishnah is like a mistake of Shikul ha'Da'as;

Reish Lakish holds that a mistake of Mishnah is [like] a mistake of Torah.

A mistake of Mishnah is [like] a mistake of Chachamim (Amora'im).

Question: Exert yourself [and you will find the answer! R. Akiva says that the heirs get it, for they are exempt from a Shevu'ah. What will he say in a case that also the widow or creditor] is exempt from a Shevu'ah (e.g. the loan was not due until after death, or the borrower admitted at the time of death, or he died in excommunication for refusal to pay)?

Answer: [The heirs get it, for] this (inheritance) is Torah law, and this (a widow or creditor collecting from heirs) is not Torah.

(Mishnah): If he left detached Peiros, whoever seizes them first merited (to keep them);

If the [widow seized] more than her Kesuvah, or the creditor [seized] more than his debt, the excess - R. Tarfon says, it is given to the weakest of them;

R. Akiva says, we do not show mercy in judgment. Rather, the heirs get it, since all need a Shevu'ah [to collect], but heirs do not need a Shevu'ah.

(Gemara - Rav and Reish Lakish): We discuss Peiros gathered in Reshus ha'Rabim, but if they are gathered in one's house, his house acquired for him (the owner of the house).

(R. Yochanan): Even if they are gathered in his house, his house did not acquire for him, for he thought that they are his, and they are not his. (We explained this like PNEI MOSHE.)

Question: When does a Ba'al ha'Bayis acquire his Peros in Shevi'is (that the Aniyim may no longer take them)?

Answer #1 (R. Yirmeyah): It is from when he puts them in his Kelim.

Rebuttal (R. Yosi): Even if he put them in his Kelim, he did not acquire them, for he thought that they are his, and they are not his.