Bava Basra 156a
בבא בתרא קנ״ו ע״א
Bava Batra 156a
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Topic
Why a minor's gift is valid but his sale is not, when we check for signs of adulthood, final rulings on young people selling property, and a new משנה on dividing property verbally.
Overview
The amud opens with אמימר defending his ruling that a young orphan's gift is valid. He shows that receiving money is not what decides the matter. חכמים cancelled a minor's sales because a child is drawn to money and could be tempted into selling off his father's property. They let his gifts stand so that people will be willing to help orphans. Next, רב נחמן in the name of שמואל lists when we check for signs of adulthood: קידושין, גירושין, חליצה and מיאון. He adds that selling a father's property must wait until age twenty. The גמרא explains why each item is listed: divorce covers a boy who did יבום at nine, חליצה rejects רבי יוסי, מיאון rejects רבי יהודה, and twenty rejects the view of eighteen. A string of final rulings follows, including that the twentieth year itself still counts as under twenty. Finally, a new משנה begins: רבי אלעזר says that whether a person is healthy or dangerously ill, dividing property by speech still needs a normal act of acquisition.
Opening lines
וּלְטַעְמָיךְ,
And according to your reasoning,
זַבֵּין שָׁוֵי חַמְשָׁא – בְּשִׁיתָּא,
if he sold something worth five for six,
הָכִי נָמֵי דִּזְבִינֵיהּ זְבִינֵי?!
would his sale also be a valid sale?!
אֶלָּא קִים לְהוּ לְרַבָּנַן
Rather, the Sages know for certain
The steps (13)
- ChallengeIf getting money makes a sale valid, would an overpriced sale count?
- ResolutionThe real reason a minor's sale does not count
- ResolutionWhy a minor's gift does count
- StatementWhen we check for signs of adulthood, and the age for selling inherited land
- ChallengeWhy check again for divorce?
- ResolutionA boy who did יבום at age nine
- ResolutionWhy חליצה needs a check: the woman must be an adult too
- ResolutionWhy מיאון needs a check: two hairs end the right to refuse
- ResolutionWhy twenty and not eighteen for selling a father's property
- ConclusionDuring the twentieth year counts as before twenty
- ConclusionThe הלכה follows the ruling sent to גידל בר מנשה
- ConclusionFinal rulings like מר זוטרא, אמימר, and רב נחמן in the name of שמואל
- StatementNew משנה: dividing property by verbal instruction