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 153
BAVA BASRA 153 (12 Elul) - sponsored with warm Mazel Tov blessings
on the occasion of the wedding of Avi and Estie Turkel. May
they merit to build together a Bayis Ne'eman b'Yisrael that
will be a pride to their dear parents and to all of Klal
1) A GIFT WITH ZECHIYAH (cont.)
(a) Version #2 - Chachamim of Pumbadisa - Question (Bei Rav):
If Reuven wrote a document and a Kinyan was done (Tosfos
- and this was written in the document; Rashbam - and the
document was given), what is the law?
2) A GIFT 'IN LIFE AND IN DEATH'
(b) Answer (Shmuel): One cannot retract after a Kinyan.
(c) Rabanan understood, he cannot retract to give to someone
else, but he can retract to keep the property himself.
(d) (Rav Chisda): He cannot retract even to keep the property
(e) Reuven wrote a gift document, a Kinyan was done; (he
recovered and wanted to retract).
1. Rav Huna: You did not do as those who want to be
able to retract - I cannot help you.
(a) (Rav): If a gift document says '*B'Chayim* (In life) and
in death', it is a Matnas Shechiv me'Ra.
3) THE GIFT OF A QUESTIONABLE SHECHIV ME'RA
(b) (Shmuel): It is a gift of a healthy person.
1. Rav says, because it says 'In death', it acquires
after death, it is a Matnas Shechiv me'Ra.
(c) (Chachamim of Neharda'a): The Halachah follows Rav.
i. He only wrote 'In life' as a good omen (that he
2. Shmuel says, because it says 'In life', it acquires
during life, it is a gift of a healthy person;
i. He only wrote 'after death' to suggest that the
gift is forever.
(d) (Rava): If it says '*Mi'Chayim* (from when he is alive)',
it is a gift of a healthy person.
(e) (Ameimar): The Halachah does not follow Rava.
(f) Question (Rav Ashi): This is obvious, Chachamim of
Neharda'a said that the Halachah follows Rav!
(g) Answer: One might have thought, Rav admits when he says
'Mi'Chayim' - Ameimar teaches, he does not.
(h) Reuven wrote a gift 'In life and in death'; Rav Nachman
referred him to R. Yirmeyah bar Aba in Shum Tamya.
1. Rav Nachman: Here (Neharda'a) is Shmuel's region,
how can I rule here like Rav?!
(i) Leah wrote a gift 'Mi'Chayim'; Rava ruled as he taught
(she cannot retract), she was protesting the ruling.
1. Rava told Rav Papa bar Rav Chanan (his scribe):
Write for her that the decision was, she may retract
(so she will go away); write at the bottom 'He may
hire others at their expense, or deceive them' (a
Mishnah discussing workers that retracted, any
Chacham who sees this will understand that this was
written to deceive her, really she cannot retract).
2. Leah: You want to trick me, your boat should sink!
3. They soaked Rava's garments in water (in order that
this should be the fulfillment of the curse); still,
his boat sank.
(a) (Mishnah - R. Meir): Reuven wrote a gift document, it did
not say that he was sick. He says that he was sick; the
recipients say that he was healthy - Reuven must bring
(b) Chachamim say, to take money from another, one (here, the
recipients) must bring proof
(c) (Gemara): A gift document said,' he said to give...'; it
did not say 'he died from the sickness'. (He is now
(d) (Rabah): We assume that he died from that sickness, and
did not recover in between.
(e) Objection (Abaye): Most people on sinking ships die, yet
we are stringent, perhaps they are still alive;
1. Most sick people recover, all the more so we should
be stringent, perhaps he recovered (and the gift was
(f) (Rav Huna brei d'Rav Yehoshua): Rabah holds like R.
1. (Beraisa - R. Yakov): (A gift document did not say
if the giver was healthy or sick.) The giver can
take the property from the recipients (even if they
already took it) without a proof (that he was sick
at the time), they can only take it if they bring
(g) (R. Elazar): These Tana'im would argue similarly
regarding Tum'ah (whether we follow the original status
(i.e. when the doubtful Tum'ah occurred) or the current
status (when the question was asked)).
2. R. Noson says, if the giver is healthy now, he must
bring proof that he was sick; if he is sick now,
they must bring proof that he was healthy.
1. (Mishnah): In summer, a valley (enclosed by a fence)
is a private domain concerning carrying on Shabbos,
it is a public domain regarding Tum'ah (in doubtful
cases of Tum'ah, we assume it is Tahor);
(h) (Rava): This is only if winter did not pass from the time
of the doubtful Tum'ah (Tosfos; Rashbam - from the time
the valley was fenced); if it did, we considered it a
2. In winter (when very few people walk through), it is
also a private domain regarding Tum'ah.