Gemara Clarity

Bava Basra 151a

בבא בתרא קנ״א ע״א

Bava Batra 151a

Learn Bava Basra 151a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 151a in Gemara Clarity

Topic

What counts as נכסי, and gifts of property: a gift made because of a marriage, and the gift of a שכיב מרע

Overview

The גמרא finishes a list of belongings that count as נכסי ("property"). Documents, animals, birds and תפילין are all included, each proven from a ברייתא or a משנה. It then asks whether a ספר תורה counts, since it normally may not be sold but may be sold to learn Torah or to marry. That question ends as תיקו. Next comes a סימן, a memory aid, followed by real cases about gifts of property. A woman who gave her property to her son because she was getting married, and was later divorced, can take it back, because she openly tied the gift to the marriage. Several cases teach the rules of a שכיב מרע, a dying person. Following שמואל, he may take back his gift and give it to someone else. His spoken words alone transfer the gift, with no act of acquisition. The amud ends as a new story begins about רב דימי בר יוסף's sister and her orchard.

Opening lines

כּוֹתְבִין שְׁטָר לַמּוֹכֵר

We may write a deed for the seller

וְאַף עַל פִּי שֶׁאֵין לוֹקֵחַ עִמּוֹ;

even though the buyer is not with him;

כֵּיוָן שֶׁהֶחְזִיק זֶה בַּקַּרְקַע –

once this one (the buyer) has taken possession of the land,

נִקְנָה שְׁטָר כׇּל מָקוֹם שֶׁהוּא.

the deed is acquired, wherever it is.

The steps (20)

  1. ProofDeeds count as property
  2. ProofAnimals count as property
  3. ProofBirds count as property
  4. Proofתפילין count as property
  5. QuestionDoes a Torah scroll count as property?
  6. ConclusionThe question stays unresolved
  7. StatementMemory aid for the coming stories
  8. StatementA mother gives her property to her son before marrying, then is divorced
  9. Challengeרב הונא objects: she made her reason clear, and the marriage ended
  10. StatementA mother gives her property to one son at night and another son in the morning
  11. Challengeרב ששת asks: How could she take it back, if she died?
  12. Resolutionרב נחמן answers with שמואל's rule about taking back a gift
  13. ChallengeDoes שמואל's rule also work for giving to someone else?
  14. Resolutionשמואל said it clearly: for himself or for another
  15. Statementרב עמרם חסידא's mother leaves him her notes
  16. ChallengeThe brothers object: he never pulled the bundle
  17. ResolutionA dying person's words count as written and handed over
  18. StatementA sister gives to one brother, then switches to another
  19. Statementרב נחמן applies שמואל's rule: the second gift stands
  20. Statementרב דימי בר יוסף's sister and her orchard