Bava Basra 146b

בבא בתרא קמ״ו ע״ב

Bava Batra 146b

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Topic

Engagement gifts that must be returned, and how a שכיב מרע's gift depends on what he really intended (אומדנא)

Overview

The amud opens by finishing a story about a man who went into a ruin to test his ארוסה's sense of smell. The ruin fell and she died, and the חכמים rule that he does not inherit from her. Next, the גמרא returns to the engagement gifts (סבלונות) from the משנה. רבין סבא explains that the gifts go back if someone died or he backed out, and that if she backed out even food goes back. רב הונא בריה דרב יהושע adds that meat is paid back at up to a third off. A new משנה rules that a שכיב מרע who gave away all his property, and kept no land, can cancel the gift if he recovers. The גמרא asks which תנא follows this reading of a person's unspoken intent (אומדנא). רב נחמן says it is רבי שמעון בן מנסיא, and רב ששת says it is רבי שמעון שזורי. Each one explains why the other's source is different. The amud ends by starting a new question about a bedridden man asked who should get his property, and his answer comes on the next amud.

Opening lines

The steps (16)

1. ConclusionEnd of the story: the woman dies in the ruin and he does not inherit
2. Statementרבין סבא explains when engagement gifts go back
3. StatementMeat is paid back at a lowered price
4. QuestionHow much cheaper?
5. ResponseUp to one-third less
6. StatementNew משנה: a dying man who gives away all his property
7. QuestionWhich תנא follows 'reading his intent'?
8. Responseרב נחמן: It is רבי שמעון בן מנסיא
9. ProofProof: the father who wrongly heard his son had died
10. Responseרב ששת names a different תנא
11. ProofThe case of 'write a גט for my wife'
12. QuestionWhy רב נחמן rejects רבי שמעון שזורי
13. ResponseThere he at least said 'write'
14. QuestionWhy רב ששת rejects רבי שמעון בן מנסיא
15. ResponseA clearly proven guess is different
16. QuestionWho taught the case of the sick man asked about his property?