Bava Basra 137b
בבא בתרא קל״ז ע״ב
Bava Batra 137b
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Topic
Gifts with conditions and limits: a shared or gifted אתרוג, a gift on condition of return, a lifetime gift, and a gift the recipient refuses.
Overview
The גמרא finishes the case of an אתרוג given 'to you, and after you to so-and-so.' Everyone agrees the first person fulfills the מצוה with it, and רבי and רבן שמעון בן גמליאל argue only about selling or eating it. רבה בר רב הונא rules that a brother who uses an אתרוג bought with shared estate money fulfills the מצוה only if he may eat it, and only when every brother has an אתרוג of his own. רבא teaches that a gift on condition of return is a real gift, so it works for the מצוה if it is returned. A story about a palm tree shows that a lifetime gift meant to come back to the giver cannot be passed on to someone else. רב נחמן rules that an ox given on condition of return can be made הקדש and then returned. רבא challenges this, and רב אשי decides that it depends on whether the giver said 'return it' or 'return it to me.' Finally, שמואל and רבי יוחנן argue about whether a person acquires property written to him if he refuses it. רבי אבא בר ממל begins to explain that they do not really disagree, and his explanation continues on the next amud.
Opening lines
אִי מִיפָּק לָא נָפֵיק בֵּיהּ,
If he does not fulfill his obligation with it,
לְמַאי יַהֲבֵיהּ נִיהֲלֵיהּ?
for what purpose did the owner give it to him?
אֶלָּא מִיפָּק –
Rather, with regard to fulfilling the obligation –
דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי, דְּנָפֵיק בֵּיהּ;
everyone agrees that he fulfills his obligation with it;
The steps (14)
- RejectionWhy would the owner give it if it can't be used?
- ConclusionEveryone agrees he fulfills the מצוה; the argument is about selling or eating it
- StatementBrothers who bought an אתרוג with shared estate money
- StatementOnly when every brother has his own אתרוג
- StatementAn אתרוג given on condition that it be returned
- StatementThe woman's palm tree and רב ביבי's transfer to his son
- Rejectionרב הונא rejects the transfer: רבן שמעון בן גמליאל only allows it when the property goes to someone else
- StatementAn ox given on condition of return that was consecrated and then returned
- Challengeרבא asks what was really returned
- Resolutionרב נחמן answers that nothing was lost
- Resolutionרב אשי says it depends on the exact wording
- Statementשמואל says a refusing recipient still acquires
- Statementרבי יוחנן says he does not acquire
- Statementרבי אבא בר ממל says they do not disagree