Bava Basra 135b

בבא בתרא קל״ה ע״ב

Bava Batra 135b

Learn Bava Basra 135b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 135b in Gemara Clarity

Topic

A natural increase in the returned property, a will found on a dead man's thigh, and a שכיב מרע who says 'write and give'

Overview

The גמרא first explains why the other brothers do not have to share with the man in question: the brother who recognized him is really claiming money for someone else. Next it quotes the משנה's rule that if the man in question dies, the property goes back to the brother who gave it. רבא asks who gets growth that is part of the land, like a thicker tree or new soil, and the question ends in a תיקו. A new משנה teaches that a will found tied to a dead man's thigh does nothing, but a will handed over through another person is valid. The גמרא defines a דייתיקי and a gift by their wording, and אביי explains which gift of a healthy person works like a שכיב מרע's gift. Then it discusses a שכיב מרע who said 'write and give a מנה' and died, and proves that רבי אלעזר said this ruling. רב דימי explains רבי יוחנן's 'תיבדק': we write only if the document was meant as proof. The amud ends by asking what such a case looks like, and the answer comes on the next amud.

Opening lines

The steps (20)

1. ResolutionWhy the other brothers do not have to pay
2. StatementQuoting the משנה: if he dies, the property goes back
3. Questionרבא asks about a natural increase in the property
4. QuestionNarrowing the question to growth that is still part of the land
5. ConclusionThe question stays unanswered
6. StatementA will tied to a dead man's thigh is worth nothing
7. StatementA will handed over through another person is valid
8. StatementA ברייתא defines a will and a gift by their wording
9. ChallengeIs a gift only valid with 'from today and after death'?
10. Resolutionאביי: the ברייתא means a healthy person's gift that works like a deathbed gift
11. StatementA deathbed order to 'write and give' does not work after death
12. Statementרבי אלעזר tells everyone to take care with this ruling
13. Statementרב שיזבי swaps who said it and who approved it
14. ProofLogic shows that רבי אלעזר said the ruling
15. ProofA letter to בבל proves that רבי אלעזר said the ruling
16. QuestionWhat does 'it should be checked' mean?
17. Responseרב דימי explains: check the dying man's intention
18. ChallengeA ברייתא suggests a שכיב מרע's document is always written
19. ResolutionThe ברייתא is about a case where the document only strengthens the recipient
20. QuestionWhat case counts as strengthening the recipient's position?