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|BAVA BASRA 137 (14 Sivan) - Dedicated by Doug Rabin in memory of his mother, Leah Miriam bat Yisroel (Lucy) Rabin, in honor of her Yahrzeit.|
1. A man cannot give a Get with a stipulation that it will take effect only after he dies.
2. The Gemara discusses whether one fulfills his Mitzvah of Esrog on the first day of Sukos (when one must own the Esrog) with an Esrog bought from his father's estate.
3. The Gemara says that if the brother using the Esrog has the right to eat it, then he fulfills the Mitzvah (because he is considered the owner of the Esrog).
4. If a person gives his friend an Esrog as a present on condition that he returns it, his friend is considered the owner and fulfills the Mitzvah of Esrog.
5. If the friend does not return the Esrog, he retroactively did not fulfill the Mitzvah.
A BIT MORE
1. Accordingly, if he says, "This is your Get after I die," or "after I die from this sickness," the Get is invalid.
2. The Gemara discusses a case of a man who passed away and left an estate to multiple sons, with one of the possessions of the estate being an Esrog. (The same question applies in a case in which the sons bought an Esrog with money of the estate before the money was divided.)
3. In other words, if all of the sons buy Esrogim from the estate, and no brother will claim an Esrog from another, or if they all acquired their own Esrogim in some other manner, it is considered as if each one owns his Esrog.
4. Even though an Esrog must be owned by the person using it for the Mitzvah on the first day of Sukos, a gift given on condition is a valid gift, and the recipient owns it at the time that he uses it.
5. This is because the Esrog is his rightful possession when he uses it only on condition that he returns the Esrog after he uses it.
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