Bava Batra 165

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Jul 062017
 

Rashbag’s opinion in the mishna is discussed – what was he referring to when he said, “it goes by the local minhag?”  In what case does he disagree with Tanna Kamma?  Why does the mishna need to specify that one witness in a get pashut is invalid – isn’t that obvious?  Two answers are brought.  According to one answer, the case is where there is one witness on the document and one who is not signed on the document but testifies about what is written in the document.  There is a debate about whether or not this case is valid.  One opinion brings as his proof a story relating to Rabbi Yirmiya and how he was allowed to reenter the Beit Midrash after being kicked out.  There are four versions about what case the story related to.  The mishna discusses cases where there is a contradiction in the amount of money mentioned in the document.  Depending on the situation, there are different ways of deciding which amount is “correct.”

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Bava Batra 164

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Jul 052017
 

Additional laws relating to preventing forged documents are discussed – particularly as relates to documents that were erased and text was written above them.  On a tied document (get mekushar) the dating system was different than on the regular document.  Based on that, Rabbi Chanina ben Gamliel’s opinion in the mishna is questioned as he said that a tied docuemnt can be turned into a straight one and if the dating system is different, that could lead to problems?  The gemara diverges into a conversation about lashon hara.

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Bava Batra 163

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Jul 042017
 

When the braita said that two spaces are not allowed but one is, did they mean 2 lines plus space between the lines?  If so, how many lines of space?  Rav and Rabbi Yochanan have a disagreement if one also needs to leave a space between the signatures of the witnesses and the ratification of the courts.  One says lots of space can be left and the other says no space at all can be left.  The gemara discusses according to each interpretation why there would or would not be a concern for forgeries in each situation.

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Bava Batra 159b-160

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Jun 302017
 

Does inheritance go through a father who is dead to be passed on to his son or does the son inherit directly from the grandfather?  Does a son who predeceases his mother inherit from his mother “in his grave” in order to pass on the inheritance to his half brothers through his father?  Or does her inheritance revert back to her father’s family?  The tenth perek begins with a discussion of different types of documents – a regular shtar and one that has folds.

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Bava Batra 157

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Jun 282017
 

If a father and a son die at around the same time and it is unclear who died first and there is not enough money to pay the ketuba and one who is owed money by the son, the creditors and the inheritors debate: the creditors claim the father died first and the son inherited the money and the inheritors claim the son died first and didn’t inherit the money to pay them back.  Beit Shamai said they split it 50/50 and Beit Hillel said the money remains in the hands of the inheritors.  The gemara raises a question about one who borrows money and subsequently possesses land and sells it.  If the creditor had included land that will be acquired by the borrower in the future, would that work to have a lien on the land that was acquired later and then sold or bequeathed.  This question is not asked according to Rabbi Meir who says one can acquire something not in existence at the time (because obviously this would work).  The question is according to the rabbis who think one can’t acquire something not in existence at the time – would it be different in this case?  Several sources are brought to attempt to answer the question but each is rejected as they can each be attributed to Rabbi Meir.

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Bava Batra 156

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Jun 272017
 

If children under the age of 18 or 20 can’t sell possessions they inherited, are they allowed to testify in court about monetary issues?  If they are not allowed to sell, are they allowed to give a gift?  It depends of what the reason is for why they can’t sell the property – is it because we are worried they will get taken advantage of or because they may be greedy for money and accept money on behalf of all the possessions and end up without possessions?  Rav Nachman brings in the name of Shmuel a list of cases where one must check if the person has simanim of maturity (2 pubic hairs).  Rabbi Elazar’s (the tanna) opinion is brought that one on one’s deathbed cannot pass on possessions through words but must do an actual kinyan.  A debate between him and the rabbis regarding a few cases is brought – each one explains the cases in support of their position.  The next mishna has a debate between Rabbi Eliezer and Rabbi Yehoshua regarding the differences between what one on one’s deathbed can do on Shabbat and on a regular day.  The mishna reads one way but Rabbi Meir has a different version of the debate which is quoted by the gemara.

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Bava Batra 154-155

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Jun 262017
 

Study Guide Bava Batra 154

Today’s shiur includes an organized review of page 154.  At what age can one sell one’s father’s possessions?  18 or 20?  What if one at age 20 doesn’t have 2 hairs, at what age do we assume he will not grow hairs and yet we validate his sale?  What about at the beginning of the 18th/20th year?  What if one over 12/13 but under 18/20 shows signs of understanding business dealings, can we accept a sale?

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