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Bava Basra 149a

בבא בתרא קמ״ט ע״א

Bava Batra 149a

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Topic

Unclear wording in a שכיב מרע gift, a שכיב מרע who sold all his property, and a שכיב מרע who admits to owing money (the story of איסור גיורא)

Overview

This amud opens with four unclear phrases a שכיב מרע (a person on his deathbed) might use when giving away property, such as 'he shall benefit from them' or 'he shall lean on them.' The גמרא asks whether each one makes a full gift and ends with תיקו, meaning no answer is found. Next it asks about a שכיב מרע who sold all his property and then recovered. Two reports in the name of רב seem to contradict each other. The גמרא settles them: if the sale money is still with him, he can retract, but if he used it to pay a debt, he cannot. Then it asks whether a שכיב מרע's admission (הודאה) that he owes money works. To answer, it tells the story of איסור the convert, whose 12,000 זוזים were held by רבא. רבא argues that איסור's son רב מרי cannot get the money by inheritance, by deathbed gift, or by any normal קנין. רב איקא points out that איסור could simply admit the money belongs to רב מרי. An admission document then comes out, and רבא complains about his loss. This proves that a שכיב מרע's admission is valid.

Opening lines

״יֵהָנֶה בָּהֶן״, מַהִי?

"He shall benefit from them," what is the law?

דְּנֶיהְוֵי כּוּלְּהוּ מַתָּנָה קָאָמַר,

Is he saying that all of it shall be a gift,

אוֹ דִלְמָא לִיתְהֲנֵי מִינַּיְיהוּ מִידֵּי קָאָמַר?

or perhaps he is saying he should get some benefit from them?

״יֵרָאֶה בָּהֶן״, מַהוּ?

"He shall be seen in them," what is the law?

The steps (13)

  1. QuestionWhat does 'he shall benefit from them' mean?
  2. QuestionMore unclear phrases: 'be seen,' 'stand,' 'rely'
  3. ConclusionThe questions stay unresolved
  4. QuestionA deathbed sale of all his property
  5. Responseרב: if he recovers, he cannot retract
  6. ChallengeA second report from רב says the opposite
  7. ResolutionNo contradiction: it depends on the money
  8. QuestionA deathbed admission
  9. ProofThe story of איסור the convert begins
  10. Statementרבא: רב מרי can't get the money by inheritance or by gift
  11. Statementרבא shows every normal way of transferring the money fails
  12. Challengeרב איקא asks why איסור cannot just admit the money is רב מרי's
  13. ConclusionAn admission document appears and רבא loses the money