Jun 022017
 

Rava wants to know if Rabbi Yochanan ben Broka’s allowance for the father to favor one child over the others is only when one says so on one’s deathbed or even when healthy.  A proof is brought from a tannaitic source where Rabbi Natan the Babylonian question Rabbi Yehuda Hanasi about his Mishna following only Rabbi Yochanan ben Broka.   Since the case related to a healthy person, it is clear Rabbi Yochanan ben Broka held his opinion also for a healthy person.  There is a further discussion regarding the content of the braita and question why Rabbi Yehuda Hanasi specifically answered the way he did and didn’t suggest a different answer.  If one writes that one is selling all of his possessions to his wife or to his oldest son or to his youngest son or to some random person, is this viewed as an actual gift that would affect a kinyan to that person or is there an assumption that can be made that the man wants to appoint them as an executor of his will and wants the others to respect them and therefore wrote it in that way?  And if that is assumed to be appointing them as an executor, would that be the case only on one’s deathbed or even earlier in their lifetime?  An attempt to answer this question is brought from a tannaitic source.

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