Bava Basra 136a

בבא בתרא קל״ו ע״א

Bava Batra 136a

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Topic

Gifts by document: the שכיב מרע's "write and give," and the wording "מהיום ולאחר מיתה" for a father's gift to his son

Overview

The amud opens by finishing an earlier case: a שכיב מרע who said "write and give." His request for a document only adds strength to the gift, like רב חסדא's קנין, so the הלכה is that we write and we give. Then a new משנה begins. רבי יהודה says a father giving his property to his sons must write "from today and after death," while רבי יוסי says this is not needed. The משנה adds that in such a gift neither the father nor the son can sell alone: the father's sale lasts only until his death, and a buyer from the son must wait until the father dies. The גמרא explains that in a gift, unlike a גט, these words mean the property itself is given today and the produce after death. A story with רבה בר אבוה shows that the הלכה follows רבי יוסי, because the date on the שטר already shows when the gift starts. The אמוראים then discuss whether a written act of transfer makes the wording unnecessary, and whether the order of the phrases matters. The final version says it does not. The amud ends by setting up a new case, a son who sold the property and died before his father, which continues on the next amud.

Opening lines

The steps (22)

1. ResolutionThe document only adds strength, like רב חסדא's קנין
2. ConclusionThe הלכה: we write and we give
3. Statementמשנה: must a father write "from today and after death"?
4. StatementNeither father nor son can sell the property
5. StatementWhat happens when the father or the son sells the property
6. ChallengeHow can "from today and after death" work, when it makes a גט doubtful?
7. ResolutionA gift is different: the property is given today, the produce after death
8. Questionרב הונא wants to ask the sick רבה בר אבוה whether the הלכה follows רבי יוסי
9. Challengeרב נחמן hesitates: how can I ask about the הלכה without knowing the reason?
10. Resolutionרב הונא: you ask about the הלכה, and I will tell you the reason
11. ResponseThe הלכה Follows רבי יוסי
12. Responseרב הונא Explains רבי יוסי's Reason
13. ProofA ברייתא Confirms the Reason
14. Questionרבא Asks About a Gift Made With a קנין
15. ResponseWith a קנין, It Is Not Needed
16. Statementרב פפי: It Depends on the Order of the Wording
17. Challengeרב חנינא: Would Only the Scribes Know This?
18. ResolutionThe Scribes Did Know the Distinction
19. StatementOrder of the phrases does not matter
20. StatementAnother version of רב נחמן's teaching
21. StatementBack to the משנה: property written to a son for after death
22. StatementThe case: the son sold, then died before the father