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 138
1) ONE WHO REFUSES TO RECEIVE A GIFT
(a) (Rav Yehudah): If Reuven wrote his property to Levi and
Levi said 'I do not want it' - he acquires it anyway,
even if he screams in protest;
2) ADDITIONAL GIFTS
(b) (R. Yochanan): He does not acquire it.
(c) (R. Aba bar Mamal): They do not argue - R. Yochanan's law
is when he protested from the beginning, Rav Yehudah's
law is when he was initially quiet and later protested.
(d) (Rav Nachman bar Yitzchak): If Shimon acquired a gift on
behalf of Yehudah, and Yehudah was initially quiet and
later protested, R. Shimon ben Gamliel and Chachamim
argue about the law.
1. (Beraisa): Reuven wrote his property, which included
slaves, to Levi; Levi said 'I do not want it': if
Levi is a Kohen, the slaves may eat Terumah (they
are his slaves);
2. R. Shimon ben Gamliel says, since he said 'I do not
want it', (Reuven or) his heirs acquire.
3. Question: Does the first Tana say that he acquires,
even if he screams in protest?!
4. Answer (Rava): They do not argue: if he protested
from the beginning, all agree that he does not
i. If he was initially quiet and later protested,
all agree that he acquired;
ii. They argue when Shimon acquired on behalf of
Levi, and Levi was initially quiet and later
protested: Chachamim say, once he was silent,
he acquired; now he protests for he wants to
(but cannot) retract;
iii. R. Shimon ben Gamliel says, his later protest
shows that he never wanted the property;
initially, he did not feel a need to protest
because the property did not yet come to him.
(a) (Beraisa): If Ploni (a dying man) said 'Give 200 Zuz
(worth of land) to Reuven, 300 to Shimon, and 400 to
Levi', we do not say that they acquire in this order (and
Ploni's creditor would collect first from the last land
given, i.e. from Levi) - rather, a creditor (with a loan
document) collects from all of them;
1. If he said 'Give 200 to Reuven, after him give (300)
to Shimon, and after him (400) to Levi', they
acquire in this order, a creditor would collect
first from Levi, then (if he is entitled to collect
more than this) from Shimon, then from Reuven.
(b) (Beraisa): If a dying man said 'Give 200 Zuz to Ploni my
son, the firstborn, as is fitting for him' - he receives
it in addition to his extra share;
1. If he said 'Give him 200 for his Bechorah (i.e. his
extra share)', he has the upper hand - he can take
200 in place of his Bechorah, or he can take his
(c) If a dying man said 'Give 200 Zuz to my wife, as is
fitting for her' - she receives it in addition to her
1. If he said 'Give her 200 for her Kesuvah' (and it
was not a case where she pardons the rest of her
Kesuvah), she has the upper hand - she can take 200
in place of her Kesuvah, or she can take her
(d) If a dying man said 'Give 200 Zuz to Ploni my creditor,
as is fitting for him' - he receives it in addition to
3) ARE WE CONCERNED THAT BEIS DIN WILL ERR?
1. If he said 'Give him 200 for the loan', he takes it
in place of the loan.
(e) Question: When he said 'as is fitting for him', why does
Ploni receive it in addition to the debt - perhaps he
meant 'as I owe him'!
(f) Answer (Rav Nachman): The Beraisa is R. Akiva, who learns
from extra words.
1. (Mishnah - R. Akiva): If Reuven sold his house to
Shimon; Shimon does not acquire the pit and cistern,
even though Reuven wrote 'the depth and height';
2. (If Reuven wants to use them) he must buy the rights
to a path to them.
3. Chachamim say, (he may use them,) he need not buy a
4. R. Akiva admits, if Reuven sold his house 'except
for the pit and cistern', he need not buy a path.
i. Since he wrote this even though there was no
need for this, it comes to add something (a
5. Culmination of answer: Here also, the extra words
'as is fitting for him' add (that the 200 is in
addition to the debt).
(a) (Beraisa - R. Meir): A dying man said 'Ploni owes me 200
Zuz' - the witnesses write this, even though they do not
know whether or not it is true;
4) IS ATTACHED PRODUCE INCLUDED?
1. Therefore, the heir must bring proof to collect it.
(b) Chachamim say, the witnesses may not write this unless
they know that it is true, therefore, the heir does not
need proof to collect it.
(c) (Rav Nachman): The opinions must be switched, R. Meir
says that they may not write if they do not know,
Chachamim permit them;
1. R. Meir forbids them to write because we are
concerned for a Beis Din that will err (and not
require the heir to bring proof).
(d) (Rav Dimi of Neharda'a): The Halachah is, we are not
concerned for a Beis Din that will err.
(e) Question: Why is this different than Rava's law?
1. (Rava): Beis Din does not oversee Chalitzah until
they know that she is a Yevamah and that this is her
Yavam; Beis Din does not listen to Mi'un (a girl's
annulment of her mid'Rabanan marriage) until they
know that she is fit to do Mi'un.
(f) Answer: Regarding Chalitzah and Mi'un, we are concerned
that (a second) Beis Din will not check for themselves,
rather they will rely on the Beis Din that witnessed it;
2. Therefore, witnesses (that see Chalitzah or Mi'un in
front of Beis Din) may write a document of Chalitzah
or Mi'un even if they do not know.
3. Suggestion: (Letter of the law, Beis Din need not
know;) we require Beis Din to know, because we are
concerned that another Beis Din will err.
1. We are not concerned that a Beis Din would rely on
witnesses (e.g. that signed a gift of a dying man),
surely they themselves will verify what is written.
(a) (Mishnah): (If a father wrote his property to a son 'From
today and after I die'), the father may harvest the
produce and give it to whomever he wants;
1. After he dies, harvested produce he did not give
away belongs to the heirs.
(b) (Gemara) Inference: What he did not harvest does not
belong to the heirs.
(c) Question (Beriasa): (If the son sold the property and the
father died), we evaluate the attached produce, the buyer
(is only entitled to the land itself, he) must pay its
value to the heirs.
(d) Answer (Ula): In our Mishnah, the father gave the
property to his son, he gives generously, the son
receives whatever is attached;
1. In the Beraisa, the son sold to a stranger, the
buyer only gets the land itself.