Bava Batra 137

 Bava Batra  No Responses »
Jun 082017
 

The gemara says that there is a tannaitic debate (between Rebbi and Rabban Shimon ben Gamliel) regarding the same issue that Rabbi Yochanan and ReishLakish were debating – when one acquires the produce it is like he acquires the item itself or not, meaning does he have rights to sell it?  Rabban Shimon ben Gamliel holds that if one sold it, the sale would be valid even though in the case discussed, he thinks one should not be able to sell it ab initio.  Rabbi Yochanan held like Rabban Shimon ben Gamliel on this issue with one exception.  He also added a few cases that would be included also within this psak.  The gemara then discusses cases regarding one who received an etrog as a gift or took from the estate’s funds before they were divided.   Is one able to fulfill the mitzva or not?  Is a gift given upon condition that it be returned, considered a gift?

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

Bava Batra 136

 Bava Batra  No Responses »
Jun 072017
 

What wording must be used to designate one’s property to others in his lifetime when he is healthy?  What is the status of the property in the interim? Can the son or father sell their rights to their share?  If the son sells his rights and he predeceases the father, does the buyer acquire the property upon the death of the father or does it revert to the father’s heirs?

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

Bava Batra 134b-135

 Bava Batra  No Responses »
Jun 062017
 

With what claims is one believed to exempt one’s wife from levirate marriage.  On what basis is he believed?  Can we split one’s testimony and believe part of what one said but not the other part?  What is the case in the mishna where the brothers disagree about whether they have another brother?  Is the other brother’s claim a definitive one or are they unsure whether or not he’s there brother?  Can we learn from here regarding other cases where one has a confident claim (bari) and the other is unsure (shema)?  If one has a will wrapped around his leg when he dies, it is invalid.  But if he passed it one to someone else, it is valid.

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

Bava Batra 133b-134a

 Bava Batra  No Responses »
Jun 052017
 

Is it OK to bypass one’s son’s inheritance?  Does it make a difference if the son does not behave appropriately either toward God or toward the father?  Yosef ben Yoezer bypassed his son and a story is told about the aftermath.  However the story is inconclusive regarding this question.  Another story is told of one who bypassed his sons and passed his inheritance to Yonatan ben Uziel who in turn returned a third of it to the sons.  Shamai attacks him for doing it but he proves to Shamai that he was correct.  It is unclear from the details of the story whether the father was hoping Yonatan would give his sons something or not.  The greatness of the students of Hillel the Elder are brought as Yonatan ben Uziel was the greatest among them.  Is one believed for the purposes of inheritance and levirate (yibum) marriage to say that one has a son or a brother (if there are no brothers, there is no obligation of levirate marriage)?

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

Bava Batra 132b-133a

 Bava Batra  No Responses »
Jun 042017
 

Study Guide Bava Batra 132

A mishna in Peah is quoted: If a husband writes all of his possessions to his son and gives his wife a small portion of land, she loses her rights to her ketuba.  Several explanations are given for this opinion among the amoraim.  A second opinion is brought in the mishna by Rabbi Yossi that if the woman accepts it even if the husband doesn’t write it, she gives up her rights.  Various cases are brought relating to issues of women in situations similar to this and it was decided in each case whether or not she has given up all her rights to receive her ketuba or not.  Rav Huna says that if one on one’s deathbed says “all my possessions will go to so and so” – if the person is one of his inheritors, it is passed on as inheritance and if not, it is passed down as a gift.  In what situation he meant this and what is the relevance of whether it is inheritance or a gift is discussed.

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

Bava Batra 131-132a

 Bava Batra  No Responses »
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.

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

Bava Batra 130

 Bava Batra  No Responses »
Jun 012017
 

The mishna brings two opinions relating to one who wants to bequeath to one’s children in a way different than the Torah law – is it allowed and if so, in what cases is it allowed?  It seems there are two opinions, however the gemara raises a problem with stating there are two opinions based on the simple reading of the mishna.  Two solutions are suggested.  The halacha is concluded like Rabbi Yochanan ben Broka who allows one to favor one son over the others or one daughter over the others (in a case where there are no sons).   There is a debate regarding Rabbi Yehuda Hanasi’s psak – whether he said “The halacha is like Rabbi Yochanan ben Broka” or whether he ruled in a case like Rabbi Yochanan.  This leads to a discussion regarding what the best way to learn a halacha is – by what someone says or by case law?  What are the pros and cons of each approach?  There are those who say neither is good enough – one must say “This is the halacha and you can act upon it.”

Podcast: Play in new window | Download

Subscribe: Apple Podcasts | Spotify | RSS

 Newer Entries