POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 137
BAVA BASRA 137 - sponsored by Dr. Eli Turkel, l'Iluy Nishmas his mother,
Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel), whose Yahrzeit is 25 Av.
Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas
Yosher for her offspring and for all of Klal Yisrael.
1) THE CASE OF 'AFTER YOU'
(a) (Beraisa - Rebbi): 'My property is (given) to you
(Shimon), and after you (die) to Ploni; Shimon sold the
property and spent the money - after Shimon dies, Ploni
takes the property from the buyer (even in a case of
'After you', Shimon owns the produce, but not the
property, therefore his sale is void);
2) GIVNG AN ESROG
(b) R. Shimon ben Gamliel says, Ploni only receives what
Shimon leaves over (in this case, nothing - this is
because Shimon owned the property).
(c) Contradiction: (Beraisa - Rebbi): 'My property is to you
(Shimon), and after you to Ploni; Shimon may
(l'Chatchilah) sell the property and spend the money;
(d) R. Shimon ben Gamliel says, Shimon is only entitled to
eat the produce.
1. Both Tana'im contradict themselves!
(e) Answer - part 1 (for Rebbi): In Beraisa #1, Rebbi teaches
that Shimon cannot sell the (permanent rights to the)
property; in Beraisa #2, he teaches that he may sell the
produce (for the rest of his life).
(f) Answer - part 2 (for R. Shimon ben Gamliel): In Beraisa
#1, R. Shimon teaches that if Shimon sold (b'Diavad) the
property, the sale stands; in Beraisa #2, he teaches that
he should not sell the property (because the giver wanted
Ploni to receive it after Shimon).
(g) (Abaye): A crafty Rasha is one who counsels Shimon (in
the above case) to sell the property, according to R.
Shimon ben Gamliel.
(h) (R. Yochanan): The Halachah follows R. Shimon ben
1. R. Shimon admits that if Shimon gave the property
like a Matanas Shechiv me'Ra (gift of a dying man),
this gift is void, Ploni gets it after Shimon dies.
(i) Question: Abaye said differently!
2. Question: What is the reason?
3. Answer (Abaye): A Matanas Shechiv me'Ra only
acquires after death; Ploni already acquired the
moment Shimon died.
1. Question: When does a Matanas Shechiv me'Ra take
(j) Answer: Abaye retracted from this (Answer i:2).
2. Answer #1 (Abaye): At the moment of death.
3. Answer #2 (Rava): After death.
(k) Suggestion: Perhaps Abaye retracted from his above
teaching (Answer h:3)!
(l) Rejection: (Presumably, one does not give his property
until after his death, just as (if he did not specify
otherwise, we assume that) a man does not decide
absolutely to divorce until after death.)
1. (Mishnah): 'This is your Get if I die (from this
illness)', 'This is your Get from this illness',
'This is your Get after I die' - the Get is void.
(m) (R. Zeira): The Halachah follows R. Shimon ben Gamliel,
even if he received slaves and freed them (they are
(n) Question: This is obvious!
(o) Answer: One might have thought, the giver did not give in
order that Shimon will transgress with the gift (by
freeing them), this invalidates the gift - R. Zeira
teaches, this is not so.
(p) (Rav Yosef): The Halachah follows R. Shimon ben Gamliel,
even if he made the gift shrouds for a dead person.
(q) Question: This is obvious!
(r) Answer: One might have thought, the giver did not give in
order that Shimon will make it forbidden to benefit from
it - Rav Yosef teaches, this is not so.
(a) (Rav Nachman bar Rav Chisda): 'I give you (Shimon) this
Esrog as a gift, after you to Ploni'; Shimon took it to
fulfill the Mitzvah - Rebbi and R. Shimon ben Gamliel
argue whether or not he fulfilled the Mitzvah.
(b) Question (Rav Nachman bar Yitzchak): They only argue
whether or not owning the produce is like owning the
3) A GIFT ON CONDITION TO GET IT BACK
1. All agree that Shimon receives the usage - if he
does not get enough ownership to fulfill the
Mitzvah, what was the point of the gift?!
(c) (Rav Nachman bar Yitzchak): Rather, all agree that Shimon
fulfilled the Mitzvah; they argue if he sold it (Rebbi
invalidates the sale, R. Shimon upholds it) or ate it
(Rebbi says that he must pay Ploni its value, R. Shimon
(d) (Rabah bar Rav Huna): Orphans bought an Esrog with money
of the estate; one of them took it to fulfill the
Mitzvah. If the others would allow him to eat it (this
shows that he owns it), he fulfilled the Mitzvah; if not,
he did not fulfill the Mitzvah.
1. This is only if there is an Esrog for each brother
(if not, they do not consent that he should own it).
(e) (Rava): 'I give you this Esrog as a gift on condition
that you return it to me' - if he took it and returned
it, he fulfilled the Mitzvah; if he did not return it, he
did not fulfill the Mitzvah.
1. Rava teaches that a gift on condition to return it
is a valid gift.
(a) Leah owned a date tree in Rav Bivi bar Abaye's property;
whenever she would go to take the fruit, he was upset.
She transferred ownership to him for the rest of his
life; he gave it to his son.
1. (Rav Huna brei d'Rav Yehoshua): He cannot do that!
Even R. Shimon ben Gamliel only said that a gift to
someone else takes effect when the giver said 'After
you to Ploni' (because the giver gave away the
produce *and* the permanent rights to the property);
(b) (Rava citing Rav Nachman): 'I give you this ox like a
gift on condition that you return it to me' - if Shimon
was Makdish it and returned it, it is Hekdesh and he
fulfilled the stipulation.
i. Here, she stands to get back the tree after Rav
Bivi dies, all agree that he cannot sell it!
(c) Question (Rava): Why is it considered that he returned it
(the giver wanted to get it back to use it)!
(d) Answer (Rav Nachman): He returned an ox, just as he
(e) (Rav Ashi): If he said 'On condition that you return it'
- this was fulfilled;
1. If he said 'On condition that you return it to me',
he wanted to be able to use it.