Gittin - Daf 13
- תנו מנה לאיש פלוני ומת יתנו לאחר מיתה...והוא שצבורין ומונחין
The next Mishnah teaches that one who instructs a get to be given to his wife (or slave) and dies, it cannot be given after his death. However, if he said: תנו מנה לאיש פלוני ומת – “Give a maneh (money equal to one hundred dinars) to Ploni,” and he died, יתנו לאחר מיתה – they should give it after his death. Rav said: והוא שצבורין ומונחין בקרן זוית – This ruling is only if [the coins] are piled and resting in a corner, and the benefactor said to give these coins. Two interpretations are given: Rav Zevid said the Mishnah discusses a healthy person. Although a kinyan is required, it was performed here with ",מעמד שלשלתן" - - in the presence of all three parties, (himself, the intermediary, and the third party), as Rav said: מנה לי בידך תנהו לו לפלוני – If one says, “You have a maneh of mine – give it to Ploni,” במעמד שלשתן קנה – if this was said in the presence of all three parties, [the recipient] automatically acquires the maneh. This applies only to specified deposited money (according to Rav Zevid). Rav Pappa said the Mishnah discusses a שכיב מרע – mortally ill person, who does not require a kinyan. Still, Rav holds that if the gift is not identified, it cannot be given, because he may have intended to give a buried maneh. According to halachah, this is not a concern.
- If a שכיב מרע must say "תנו" for his instructions to be carried out
The above machlokes is explained. Rav Pappa did not explain our Mishnah with מעמד שלשלתן (of a healthy person), because in his opinion, this is effective not only with a deposited maneh, but even with a loan (and would not require being “piled and resting in a corner”). Rav Zevid did not explain the Mishnah to refer to a שכיב מרע, because the Mishnah implies that if he were alive, the get would only be given if he said "תנו", but not if he merely said "כתבו" – write it. This is contradicted by a Mishnah which states: בראשונה היו אומרים – Originally, they would say, היוצא בקולר ואמר כתבו גט לאשתי – one who goes out in an iron collar to be executed, and said, “Write a get for my wife,” although he did not say to give it, הרי אלו יכתבו ויתנו – they write and give it (because he lacked the presence of mind to speak clearly). Later, other circumstances were added. Rebbe Shimon Shezuri said: אף המסוכן – Even a dangerously ill person who says "כתבו", a get is written and given. Rav Ashi rejected this point, saying that we need not assume that our Mishnah follows Rebbe Shimon Shezuri’s opinion.
- If מעמד שלשתן is effective for a loan, and how
Rava said: מסתברא מילתיה דרב בפקדון – Rav’s ruling of a מעמד שלשתן transfer is logical regarding a deposited item (which is under the owner’s domain and legal control), אבל במלוה לא – but not for a loan. Nonetheless, Rava swore that Rav holds it is effective even for a loan. Ameimar initially explained: נעשה כאומר לו בשעת מתן מעות – It is as if [the borrower] said to [the lender] at the time the money was originally given, שעבדנא לך לדידך ולכל דאתו מחמתך – “I am obligated to you, and to whoever comes in your place,” which the lender can designate later through מעמד שלשתן. Thus, the transfer is enabled through the original loan terms. Rav Ashi objected that if so, one could not use מעמד שלשתן to give funds to someone who was not born at the time of the loan, since everyone agrees that ownership cannot be transferred to someone who is not yet born. Ultimately, the Gemara will explain that מעמד שלשתן was enacted כהלכתא בלא טעמא – like laws taught to Moshe for which no rationale is given. The Rabbis decreed it effective, even without a mechanism.
