Bava Batra 135 - November 7, 6 Cheshvan

Two statements in the name of Rabbi Yochanan contradicted each other. In one he ruled that a husband is believed to say he divorced his wife and in the other, he is not believed. The resolution was that the former meant that we accept his statement regarding her status from this moment forward and the latter is retroactive. Despite this resolution, Rava was unwilling to rule using this principle in a case that was before him where a man said his wife was exempt from levirate marriage (and should be believed since he could have said he divorced her) and preferred to be stringent and require chalitza. In another case, where it was presumed the man had no brothers and as he was dying, he also said he had no brothers. Abaye was stringent as there were rumors that there were people far away who could testify that he had brothers. Even though in the case of a woman taken captive, Rabbi Chanina did not forbid her to her husband based on rumors that people far away could testify that she engaged in relations with her captors, Abaye distinguishes between that case and this one.

The Mishna brought a case where one brother claimed they had another brother, but the other brothers denied the claim. The Gemara establishes that the other brothers must have said "We don't know if he is our brother," meaning, their claim was one of uncertainty. This qualification is meant to explain why they receive an inheritance from that brother if they deny he is their brother. Can we learn from here regarding other cases where one has a confident claim (bari) and the other is unsure (shema), such as, one claimed money from another and the other responded, "I don't know if I owe you"? If the comparison is true, the ruling would be that the claimant who is unsure would not have to pay, like the brothers who do not have to give up their inheritance to the others. Rava agrees with this comparison, but Abaye denies it and rather compares our case to one where the confident claim is that the other owes money to a third party, not to the claimant.

In the ruling of the Mishna, if the brother whose status is unclear dies, the property he received from the inheritance from one of the brothers is returned to that brother. Rava asks what happens if the property goes up in value. Would the brother receive the added value as well or would it be like money that the brother in question acquired on his own, which would be divided evenly between all the brothers?

If one has a will wrapped around one's leg at the timeof death, it is invalid, even if it is later found in the hands of the person to whom the money was promised in the will. But if before the person died, they transferred ownership of the document to someone else, it is valid.

What wording must be used to designate one's property to others in his lifetime when the person is healthy? The person needs to say, "From today and after my death. If one intended to transfer money to another using a document, i.e. on one's deathbed one said, "Write and give this document to...," if the person dies before the document was given, we do not write and give the document as one cannot transfer items using a document after one's death. However, if it is clear that the document was intended just as proof of the property transfer, one can write and give the document even after the person dies.