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Baba Basra 9:5-6

Baba Basra 9:5

Let's say that a groom sent engagement presents to his father-in-law's house. If he sent 10,000 zuz and ate a groom’s meal there worth even a dinar, he cannot sue for the gift’s return. (Eating the meal is a sign that he waives the gift.) If he did not eat a groom’s meal at his father-in-law's house, he can sue for the gift’s return. If he sent many engagement presents, the intention of which is that they will return to his home upon the marriage, he can sue for their return. If he sent a few engagement presents, to be used in her father’s house, he cannot sue for their return.

Baba Basra 9:6

Let’s say that a person is dangerously ill, so he assigns all of his possessions to other people. If he kept even the smallest parcel of land for himself, the gifts are valid (i.e., in the event that he lives). If he didn’t keep any land at all, the gifts are not valid (because we see that they were only given on the assumption that he was going to die). Let’s say that he didn’t write in the document that he was on his deathbed; he says that he was dangerously ill and the ones who received the gifts say that he was healthy. In such a case, Rabbi Meir says he must provide proof that he was dangerously ill. The Sages, however, say that the burden of proof is on the one who is trying to extract property from another person (so the others must prove that he was healthy).

Author: Rabbi Jack Abramowitz