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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 149


(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 effect.
1. This is like R. Yochanan ben Brokah.
(c) Question: If he said 'He will benefit from them', what is the law?
1. Does he mean, they are a total gift?
2. Or, does he mean, he is entitled to benefit from them?
(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 by them'?
(e) These questions are unsettled.
(f) Question: If a person sold all his property, what is the law?
(g) Answer #1 (Rav Yehudah): If he recovered, he cannot retract.
(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;
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;
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) admission)!
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 it).


(a) (Mishnah): If he left over any amount of land, he cannot retract.
(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);
2. The same reasoning applies when he leaves over Metaltelim!
(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 himself!
(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) Kesuvah.)
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