POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 133
1) WHEN A WIFE FORFEITS HER LIEN (cont.)
(a) Reuven divided his property among his wife and sons, but
there was one date tree he did not command about.
2) WHEN A GIFT WORKS LIKE INHERITANCE
(b) (Ravina): She can only collect (the rest of her Kesuvah)
from the date tree.
(c) Objection (Rav Yemar): If she cannot collect from what
the sons received (because she forfeited her lien), then
she cannot collect from the date tree either (she also
accepted that the sons will inherit it)!
1. Rather, just as she did not forfeit her lien from
the date tree, she did not forfeit her lien from
what the sons received!
(a) (Rav Huna): Reuven was about to die, he wrote all his
property to Ploni: if Ploni is fitting to inherit him, he
receives it like an inheritance; if Ploni is not fitting
to inherit him, he receives it like a gift.
(b) Rav Nachman: Why do you say this in your own name, as if
all agree to it?!
1. Your law is like R. Yochanan ben Berokah - you
should say, the Halachah follows R. Yochanan ben
(c) Rav Huna: Yes, I discuss that case.
2. Suggestion: Perhaps you discuss the following case:
Reuven was about to die, they asked him 'Who should
receive your property - Ploni?' and he answered 'Who
i. In this case, you said that if Ploni is fitting
to inherit him, he receives it like an
inheritance; if not, he receives it like a
(d) Question: What difference does it make if he receives it
like an inheritance or a gift?
(e) Answer #1 (Rav Ada bar Ahavah): If it is like an
inheritance, his widow is fed from the property; if it is
like a gift, she is not.
(f) Objection (Rava): If it is like an inheritance, Ploni
acquires mid'Oraisa, Reuven's widow is fed from the
property - if it is like a gift, Ploni acquires through
the Rabbinical enactment of a gift of a dying man, all
the more so the widow is fed!
(g) Answer #2 (Rava): It makes a difference in Rav Acha's
1. (Rav Acha brei d'Rav Avya): According to R. Yochanan
ben Berokah, 'My property is to you (Shimon), and
after you to Ploni' - if Shimon is fitting to
inherit the giver, Ploni does not get anything, 'to
you' is not a language of a gift, rather of
inheritance, and one cannot stipulate after
(h) Question (Rava): But he did stipulate after inheritance!
(i) Answer (Rav Nachman): He thought that one can stipulate
after inheritance; the Torah says, he cannot.
(j) Reuven said 'My property is to you (Levi), and after you
to Ploni', and Levi was fitting to inherit Reuven. Levi
died; Ploni came to claim the property.
3) TRANSFERING INHERITANCE FROM WICKED CHILDREN
(k) (Rav Ilish): Ploni gets it (Rashbam; R. Gershom - he
divides it with Levi's heirs).
(l) Rejection (Rava): No, this is like Rav Acha's case, one
cannot stipulate after inheritance.
1. Rav Ilish was embarrassed. Rava consoled him -
"B'Itah Achishenah" (Hash-m saves Tzadikim in due
time (i.e. before you gave a mistaken ruling).
(a) (Mishnah): Reuven wrote all his property to others, he
did not leave any for his sons - it takes effect, but
Chachamim are displeased with this.
(b) R. Shimon ben Gamliel says, if his sons were acting
improperly, Reuven is praised for this.
(c) (Gemara) Question: Do Chachamim argue with R. Shimon ben
(d) Answer #1 (Beraisa): Yosef ben Yo'ezer had a son who was
acting improperly. Yosef had a vessel full of coins; he
made it Hekdesh. His son married the daughter of the man
who made crowns for Yanai ha'Melech; he bought a fish for
her (after she gave birth) and found a pearl inside.
1. His wife: Do not take it to the king, he will
appraise it cheaply -- rather, take it to the
Gizbarim (overseers) of Hekdesh;
(e) Conclusion: The two versions contradict one another, we
cannot settle our question from here.
2. Do not appraise it yourself, for what a person says
to (give or sell) to Hekdesh is an acquisition --
rather, let them appraise it.
3. They appraised it for 13 vessels of coins, but told
him that Hekdesh only has seven.
4. The son: Give me the seven, the other six is my gift
5. Version #1: They wrote down: Yosef ben Yo'ezer
brought one vessel of coins to Hekdesh, his son gave
6. Version #2: They wrote down: Yosef ben Yo'ezer
brought one vessel of coins to Hekdesh, his son took
seven from Hekdesh. (End of Version #2)
7. Culmination of answer: Since they wrote (according
to Version #1) that his son also gave to Hekdesh,
this shows that they were (also) pleased with Yosef,
i.e. Chachamim agree with R. Shimon ben Gamliel.
8. Rejection: According to Version #2, since they wrote
that his son took from Hekdesh, this shows that they
were (also) displeased with Yosef, i.e. Chachamim
argue with R. Shimon ben Gamliel!
(f) Answer #2: Shmuel told Rav Yehudah 'Do not be party to a
father who transfers inheritance, even from a bad son to
a good son, all the more so from a good son to a bad son!
(We must say that Chachamim argue, and Shmuel holds that
the Halachah follows Chachamim.)
(g) (Beraisa): A case occurred, Reuven's sons were acting
improperly; he wrote his property to Yonason ben Uzi'el;
1. Yonason ben Uzi'el sold a third of it, made a third
Hekdesh, and returned a third to Reuven's sons.
2. Shamai thought that the return of the property was
invalid, because Reuven was adamant that his sons
not get it.
3. Yonason: You have no more ability to undo this than
the sale and Hekdesh - if you cannot undo them, the
return also stands.
4. Shamai: You refuted me.