Bava Batra 153 - November 25, 24 Cheshvan
Daf Yomi for Women - Hadran
Rav and Shmuel disagreed regarding a case where one promised a gift using the phrase "in life and in death." Rav held that this language indicated a deathbed gift, with "in life" being mentioned merely as an expression of hope. Shmuel, however, interpreted it as a gift from a healthy person. In Nehardea, they followed Rav's ruling. Later, Rava introduced a distinction: he argued that Rav would agree that using the phrase "from life" (rather than "in life") would be treated as a gift from a healthy person. Ameimar, however, rejected Rava's interpretation of Rav's position. When a case of this...
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Bava Batra 152 - November 24, 23 Cheshvan
Daf Yomi for Women - Hadran
This week's learning is sponsored in honor of Elana Storch on her birthday. With love from her kids - Ruth, Ira, Elsa, Julianna, Reuben, Elia, Adele, Emanuel and Arianne. "We are inspired by the example you continue to set for us in your commitment to your learning." Rav and Shmuel disagree on a few different situations regarding a gift given on one's deathbed. If there was a document in which it states that a gift was given on one's deathbed with an act of acquisition - Rav and Shmuel disagree about whether the kinyan was added to override the laws of one on one's deathbed and only...
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Bava Batra 151 - Shabbat November 23, 22 Cheshvan
Daf Yomi for Women - Hadran
What else does the word "possessions" include? Some stories are brought of women on their deathbeds who promised their property to one person and then changed their minds and promised it to someone else. The rabbis debated what the ruling should be - if one's word on one's deathbed and as if they were already acquired, is one not able to change one's mind? A case is brought of a woman who gave her possessions to her son before her second marriage to prevent them from going to her husband. When she later got divorced, was she able to retrieve her possessions from her son? Another case was...
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Bava Batra 150 - November 22, 21 Cheshvan
Daf Yomi for Women - Hadran
Abaye questions Rav Yosef's difficulty with Rav Yehuda and Rav Yirmia's interpretation of the Mishna by showing that sometimes the Mishna uses the word "karka (land)" to include movable items (metaltelin) and "kol shehu (any amount)" can refer to a particular size (larger than just any amount). One Mishna is in Peah 3:8 regarding the language used to free a slave. The other is in Chulin 11:2 regarding the first shearings where "kol shehu" means a particular amount. However, in conclusion, they explain these words in the above-mentioned Mishnayot as exceptions to the rule, and Abaye's...
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Bava Batra 149 - November 21, 20 Cheshvan
Daf Yomi for Women - Hadran
What language must be used for a gift stated on one's deathbed to be valid? If one sells all of one's property on one's deathbed, is it a valid sale if one recovers from one's illness? If one admits on one's deathbed that one owes money, do we believe the admission or is it possible the person is lying and just wants to show they don’t have a lot of money? A story is brought with Issur the convert and how he was able to use this (an admission) as a solution to passing on his money that was in Rava’s possession (as Rava was watching it for him) to his son, who was conceived before his...
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Bava Batra 148 - November 20, 19 Cheshvan
Daf Yomi for Women - Hadran
Rav Nachman ruled that one cannot transfer intangible items, like the right to live in a house or the right to future fruits from a tree even on one's deathbed. By doing this, he equates a gift on one's deathbed to a regular gift. However, he ruled elsewhere that the rights to collect a loan with an oral agreement can be transferred to another on one's deathbed, even though this right can't be transferred from one who is not on one's deathbed. The Gemara brings two resolutions. If one gave a tree to one person and the fruits to another, can we assume that when the giver gave the tree to one,...
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Bava Batra 147 - November 19, 18 Cheshvan
Daf Yomi for Women - Hadran
Today's daf is sponsored by Esther Kremer in loving memory of Manny Gross on his 2nd yahrzeit. "May his memory forever be a blessing." Today's daf is sponsored by Marc and Debbie Pershan in loving memory of Marc's mother, Perel Bayla bat Simcha, on the occasion of the shloshim. From where do we learn that a declaration of a person on their deathbed is effective as if an act of acquiring was performed? The sages brought sources for the law from two verses in the Torah and two from the Prophets. Rava says in the name of Rav Nachman that this law is not derived from the Torah, but the...
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Bava Batra 146 - November 18, 17 Cheshvan
Daf Yomi for Women - Hadran
Today's daf is sponsored by Diana Bloom in loving memory of her Zayde, Israel (Ignacio) Marmurek on his 41st yahrzeit. Today's daf is sponsored by Rhona Fink in honor of our fellow Daf learner Elana Weinberg and her husband Rabbi Brahm Weinberg on the occasion of the Bar Mitzvah of their son Joseph Asher in Silver Spring, Maryland, Parshat Vayera, this past Shabbat. "Joseph is already following in the footsteps of his parents with his demonstration of confidence, knowledge, and humility." After a betrothal, a groom would bring gifts to the bride called sivlonot. If the marriage was...
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Bava Batra 145 - November 17, 16 Cheshvan
Daf Yomi for Women - Hadran
A contradiction was brought from a braita against the Mishna regarding returning reciprocal gifts for a wedding (shushbinim). There were three resolutions. The third established the case of the Mishna of one when the groom died and left a yabam, a brother to perform levirate marriage. When the gifts are given to the yabam, he must share them with his brothers. To raise a difficulty against this answer they compare the case to one where the groom dies after betrothal and before the marriage. Just as in that case, the money from the betrothal does not have to be returned as the woman can claim...
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Bava Batra 144 - Shabbat November 16, 15 Cheshvan
Daf Yomi for Women - Hadran
How are estate profits divided if only some or one of the heirs invested either time or money in improving it? What are the factors that affect the law? When are some exceptions to the rules? It was customary that a father who married off his oldest son in a house adjacent to his own house, would give that house to the son as a gift. Since this was the generally accepted practice, even if the father didn't specify it as a gift to the son, the law presumes that the house was given to the son. This is one of three laws that are declared "A halakha without a clear explanation." If brothers are...
info_outlineToday's daf is sponsored by the Greenstone cousins in honor of Lana Kerzner's birthday. "With love to our dear cousin Lana. Your commitment to learning is a profound tribute to the legacy of our parents, a testament to the values they instilled in us. May the merits of this learning bring you peace, joy, and health this year and every year, not only for yourself but as a blessing to all those around you."
There are various halakhot relevant to males that do not apply to a tumtum (one whose genitals are covered up and it is unclear if they are male or female) whose skin is then perforated and is found to be a male. He cannot inherit as a firstborn, he cannot become a ben sorer u'moreh, his brit milah does not override Shabbat, and his mother does not have laws of impurity of a woman who gave birth. A difficulty is raised against two of these laws from a Mishna in Nidda 28a.
A braita is brought to support the position that a tumtum described above cannot inherit a double portion as a firstborn. The braita also derives that one cannot be a firstborn if it is doubtful whether or not he is the firstborn. The Gemara then explains why this was stated - to explain that if two brothers are born at around the same time (from two different mothers) but it was dark and it was impossible to determine who was born first, no one receives the double portion. Rava held otherwise - they could each write an authorization that "If I am the firstborn, I give you my share," and they can jointly receive the double portion. However, Rav Pappa raised a difficulty with Rava's position and Rava retracted.
A father is believed to say a particular son is the firstborn but what if there is a chazaka that a different child is the firstborn? Shmuel ruled that the two brothers write an authorization as mentioned above. The Gemara explains Shmuel's position that he was unsure whether the ruling is like Rabbi Yehuda, who believes a father in that case, or the rabbis who do not accept the father's testimony when there is a chazaka. If the rabbis don't accept the father's testimony, for what purpose did the verse in the Torah use the language of "yakir"? If the father could have given the son a double portion as a gift, it would have been effective, so of course then we can believe the father that this is the firstborn?! The answer is that the father could have only given a double portion as a gift to the son for property in his possession at the time or possibly for items that would later be in his possession (according to Rabbi Meir), but it would not have covered property that would be brought into the father's possession as he was dying. For this situation, the verse taught "yakir."
Regarding believing a father about the status of his son, Rabbi Yochanan describes a situation in which a father says that a person is his son and then says that he is his Caananite slave. He is not believed to render the person a slave as he would never have called his slave his son in the first place. However, if he first called him his slave and then his son, we accept his last words as it's possible he meant originally that the son served him like a slave. The reverse is true for one who made a statement in front of the tax authorities. They raise a difficulty against Rabbi Yochanan from a braita, but resolve it.