Bava Basra 152a

בבא בתרא קנ״ב ע״א

Bava Batra 152a

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Topic

A deathbed gift (מתנת שכיב מרע) that also records a קנין: the dispute between רב and שמואל, the contradictions in each one's rulings and how they are resolved, and רבא's challenge to שמואל

Overview

The גמרא brings a dispute about a שכיב מרע (a person on his deathbed) whose gift document also records a קנין (a formal act of acquisition). רב's study hall says this gift is doubly strong. Like a healthy person's gift, it cannot be taken back if he recovers. Like a deathbed gift, it can even transfer a loan by words alone. שמואל is unsure, because maybe the giver meant the gift to work only through the שטר, and a שטר cannot take effect after death. The גמרא then sets each אמורא against himself. In the 'write and give a מנה' case, רב worries about the document problem and שמואל does not. The answer for רב is that his two rulings differ on whether a קנין was done. The answer for שמואל is that in the 'write and give' case the document only adds strength for the recipient. Finally רבא challenges שמואל with another of his rulings: a dying man who gave away everything, even with a קנין, can take it back if he recovers. The challenge continues on the next amud.

Opening lines

The steps (9)

1. StatementThe dispute: a deathbed gift that also records a formal acquisition
2. StatementWhat 'two horses' means: the strengths of both kinds of gift
3. StatementWhy שמואל is unsure: maybe he meant to give only through the document
4. ChallengeContradiction: רב worries about the document problem elsewhere
5. ChallengeThe other half of the contradiction: שמואל says to write and give
6. ChallengeSumming up the two contradictions
7. ResolutionAnswering רב: was a קנין done or not
8. ResolutionAnswering שמואל: the document only strengthens the recipient
9. Challengeרבא questions whether שמואל really holds the document worry