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 149
1) PHRASES THAT EXPRESS THE TRANSFER OF OWNERSHIP
(a) (Rav Sheshes): 'He will take, he will merit, he will make
Chazakah, he will acquire' - these are all languages of a
gift (but a language of inheritance does not take effect,
according to Chachamim).
(b) (Beraisa): Even if he said 'He will inherit', if the
recipient is fitting to inherit the giver, it takes
1. This is like R. Yochanan ben Brokah.
(c) Question: If he said 'He will benefit from them', what is
1. Does he mean, they are a total gift?
(d) Questions: What is the law if he said 'He will be seen in
them', 'He will stand in them', or 'He will be supported
2. Or, does he mean, he is entitled to benefit from
(e) These questions are unsettled.
(f) Question: If a person sold all his property, what is the
(g) Answer #1 (Rav Yehudah): If he recovered, he cannot
(h) Answer #2 (Rav Yehudah): If he recovered, he can retract.
(i) These answers do not argue - if he still has the money he
received for it, he can retract; if he used the money to
pay debts, he cannot retract.
(j) Question: If a dying man admitted (that property which
was Muchzak to be his really belongs to someone else)
what is the law?
(k) Answer: We learn from the following episode.
1. Isar (a convert) had 12,000 Zuz by Rava; he was
about to die, and wanted to give them to his son Rav
Mari. Isar had converted between the conception and
birth of Mari (therefore, Mari would not inherit
Isar; Isar had no heirs). Mari was away learning.
2. Rava: Isar has no way to give the money to Mari!
i. Mari does not inherit Isar;
3. Question (Rav Ika brei d'Rav Ami): He can admit that
the money belongs to Rav Mari, Rav Mari will acquire
through Odisa (acquisition through (even a false)
ii. He cannot give a Matnas Shechiv me'Ra - it is
like inheritance, only one who has heirs can
give a Matnas Shechiv me'Ra;
iii. He cannot give through Chalipin - coins cannot
be acquired through Chalipin;
iv. He cannot give Agav (along with) land - he does
not own land;
v. If he wants to give through Ma'amad Sheloshtan
(144A, Reuven tells Shimon in front of Levi
'You have money of mine - give it to Levi',
Levi acquires it), I will not go;
i. Word spread that Isar admitted that the money
belongs to Rav Mari; Rava was upset that
someone told him, causing a loss to Rava! (If
not for the Odisa, the money would have become
Hefker when Isar died, Rava could have kept
2) HOW MUCH MUST THE "SHECHIV ME'RA" LEAVE OVER?
(a) (Mishnah): If he left over any amount of land, he cannot
(b) Question: What it considered 'any amount'?
(c) Answer #1 (Rav Yehudah): He must leave enough land to
support himself from it.
(d) Answer #2 (R. Yirmeyah bar Aba): He must leave enough
Metaltelim to support himself.
(e) (R. Zeira): These are great teachings!
1. If he left over any amount of land, he cannot
retract - we see that he made provisions to support
himself (in case he will live);
(f) Objections (Rav Yosef): The Mishnah only says if he
leaves over land, not Metaltelim! The Mishnah says if he
leaves over any amount, even not enough to support
2. The same reasoning applies when he leaves over
(g) Answer (part 1 - Abaye): Sometimes a Mishnah says 'land',
but it also applies to Metaltelim!
1. (Mishnah): If Reuven wrote all his property to his
slave, the slave goes free (and gets everything);
2. If Reuven kept any amount of land, the slave is not
free (this suggests that he also keeps part of the
slave - partial freedom does not take effect);
3. R. Shimon says, in either case he is free, unless
Reuven wrote 'All my property is to my slave, except
for one part in 10,000 (or any fixed fraction, for
then he keeps part of the slave)'.
4. (Rav Dimi bar Yosef): Keeping Metaltelim is like
keeping land regarding a slave (he does not go
free), but not regarding a Kesuvah.
i. (If Shimon wrote his property to his sons and
gave his wife any amount of land, she forfeits
her (lien on the property to collect her)