POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 152
1) WHEN IS A KINYAN REQUIRED?
(a) (Bei Rav citing Rav): If a Matnas Shechiv me'Ra mentioned
that a Kinyan was made, the giver gave the receiver the
advantage of the gift of a healthy person *and* the gift
of a dying man;
(b) Shmuel: I do not know how to judge it.
1. Rav says he gets the advantages of both: it is like
the gift of a healthy person, even if the giver
recovers, he cannot retract;
(c) Contradiction: Rav and Shmuel both contradict themselves!
i. It is like the gift of a dying man - if he gave
a loan, the receiver acquires it.
2. Shmuel is unsure how to judge it - perhaps the giver
only wanted it to be acquired through the document,
and a document does not work posthumously.
1. (Ravin citing Rav): If a Matnas Shechiv me'Ra said
'Write and give 100 Zuz to Ploni', and the giver
died, we do not give it, perhaps the giver only
wanted it to be acquired through the document, and a
document does not work posthumously.
(d) Question (Rava): Did Shmuel really say 'perhaps the giver
only wanted it to be acquired through the document, and a
document does not work posthumously'?
2. (Rav Yehudah citing Shmuel): The Halachah is, we
write and give it.
3. Answer - part 1: Rav says he gets the advantages of
both when a Kinyan was done; when no Kinyan was
done, Rav says that we do not give it.
4. Answer - part 2: Shmuel only says that we write and
give it when the giver gives the receiver more
rights (this will be explained; a regular Kinyan
does not prove that this was the giver's intention).
1. But Rav Yehudah cited Shmuel to say that if a dying
man wrote all his property to others, even though a
Kinyan was made, if he recovers, he can retract -
surely, he only gave because he expected to die;
(but if he died, we give the gift)!
(e) Rav Nachman gestured to Rava; Rava understood the answer.
2) A GIFT WITH "ZECHIYAH"
(f) Rav Nachman bar Yitzchak: What did his gesture mean?
(g) Rava: The case is, the giver gave the receiver more
(h) Question: What is the case of giving the receiver more
(i) Answer (Rav Chisda): It says 'v'Kanina Minei (the
witnesses acquired from the giver on behalf of the
receiver)' in addition to this gift.
(j) The following is obvious: If a dying man (Reuven) wrote
to Shimon and then to Levi, Rav Dimi's law applies:
1. (Rav Dimi): A Daitiki (document of a Matnas Shechiv
me'Ra) nullifies a previous Daitiki (because it
shows that the giver retracted).
(a) Version #1 - Chachamim of Sura - (Rav): If Reuven wrote a
document and Zikah for Shimon (Rashbam - gave him the
document; Tosfos - asked someone to acquire the property
for Shimon, and wrote this in the document) and then
wrote and Zikah for Levi, Shimon acquires;
(b) (Shmuel): Levi acquires.
1. Rav says that Shimon acquires - (because he was
Mezakeh), this is like a gift of a healthy person;
(a) Question: They already argued about this, a Matnas
Shechiv me'Ra that says that a Kinyan was made!
2. Shmuel says that Levi acquires - it is a Matnas
(b) We need to hear the argument in both cases.
1. Version #1 (our text, Tosfos): If they only argued
here, one might have thought that only here Rav
considers it like a gift of a healthy person,
because someone acquired the property on behalf of
2. If they only argued there, one might have thought
that only there Shmuel argues, but here he would
admit to Rav, because someone acquired the property
for Shimon. (Really, there was no need to prove that
we must hear Shmuel's opinion in both cases - above,
Shmuel said that we do not give the gift, perhaps he
only intended to give through a document!)
3. Version #2 (Rashbam): If they only argued there, one
might have thought that only there Rav considers it
like a gift of a healthy person, because a Kinyan
4. If they only argued here, one might have thought
that only here Shmuel argues, because no Kinyan was