Yevam0s - Daf 93
- המוכר פרות דקל לחברו יכול לחזור בו
Rav Nachman bar Yitzchak listed a number of Amoraim and Tannaim who held based on a chain of tradition that goes back to the generation of Rebbe Akiva that אדם מקנה דבר שלא בא לעולם – a person can transfer something that has not yet come into the world. The Gemara proceeds to tell where each one stated his ruling. Rav Huna ruled in the following case: המוכר פירות דקל לחברו – If someone sells the future produce of a date palm to his friend, which Rashi explains is a case where the person made a kinyan during the rainy season in order to acquire the fruit that will emerge in the spring, Rav Huna said: Before the produce comes into existence, יכול לחזור לו – the seller can withdraw from the sale. This is because even though one can transfer something not yet in existence, the transfer does not take effect until the item actually exists. משבאו לעולם אין יכול לחזור בו – But when it comes into existence, he can longer withdraw, because the sale has taken effect. Rav Nachman disagreed and said: אף משבאו לעולם יכול לחזור בו – Even after the item came into existence, he can withdraw, because he holds אין אדם מקנה דבר שלא בא לעולם – a person cannot transfer something that has not yet come into the world.
- Tithing erev Shabbos when sharecropper was delayed
The Gemara brings an incident to show that Rebbe Yannai and Rebbe Chiya both hold that אדם מקנה דבר שלא בא לעולם. Rebbe Yannai had a sharecropper who would bring him a basket of fruit every erev Shabbos. One day, the sharecropper was delayed and did not come at the usual time. Rebbe Yannai, who was concerned that the sharecropper might not arrive before Shabbos, took fruit from his house as maaser for the fruit that would arrive on Shabbos. He later went and asked Rebbe Chiya if he had acted properly, and Rebbe Chiya said that he had. For it was taught in a Baraisa: The passuk states regarding the mitzvah to separate maasros, "למען תלמד ליראה את ה' אלקיך כל הימים" – In order that you come to learn to fear Hashem your G-d, all the days. אלו שבתות וימים טובים – these “days” are Shabbosim and Yomim Tovim. Rashi explains that one learns that he should be careful that one’s oneg Shabbos should not be batel because of the issur of eating tevel. Rather, one should make sure to maaser their produce. The Gemara asks what Rebbe Chiya intended to teach? It cannot be to permit one to tithe produce on Shabbos and Yom Tov and then eat it, for a passuk is not needed to permit moving untithed produce on Shabbos which is only prohibited as a d’Rabbanon! Rather, it was to show Rebbe Yannai that it is permitted to take produce as tithes for produce which has not yet arrived.
- עד אחד ביבמה מהו
Rav Sheishess was asked: עד אחד ביבמה מהו – What is the din regarding the testimony of a single witness concerning a yevamah? Can yibum be performed based on testimony that her husband is dead? The Gemara presents both sides of the question. Is the reason we believe one witness to allow a woman to remarry based on the principle that people do not lie about any matter that is likely to be revealed, and if so, here too we believe the witness? Or is the reason we believe one witness is משום דאיהי דייקא ומינסבא – because she will investigate carefully before she remarries, but here there are times that she might be attracted to her brother-in-law, she might not investigate carefully? Rav Sheishess answered that it can be demonstrated from a case in our Mishnah, that the testimony of a single witness requiring her to do yibum would have been believed if it had not been refuted by a set of two witnesses. The Gemara continues onto the next Daf discussing this topic.
