Bava Basra - Daf 149
- A שכיב מרע who sold all his possessions and recovered
If a שכיב מרע gives away all his possessions and recovers, the gift is void. The Gemara asks: מכר כל נכסיו מהו – if he sold all his possessions and later recovered, what is the halachah? Can he retract from the sales, because we assume he sold all his belongings because of his anticipated death, or is a sale different? Rav Yehudah quoted Rav saying אם עמד אינו חוזר – if he recovers, he cannot retract, but sometimes he quoted Rav saying the opposite, that he can retract. The Gemara explains: הא דאיתנהו לזוזי בעינייהו – [the second version] is where the money paid for the sale is still here (in the שכיב מרע’s possession), which indicates he hoped to retract the sales (and return the money) if he would recover. הא דפרעינהו בחובו – [The first version] is where he paid his debts with [the money], indicating he had no intention of retracting. Therefore, he cannot retract if he recovers.
- שכיב מרע שהודה, and the story of איסור גיורא
The Gemara asks: שכיב מרע שהודה מהו – if a שכיב מרע admits that something in his possession belongs to someone else, what is the halachah? Do we accept his admission, or do we suspect he is attempting to falsely give the impression that he is not wealthy? A proof is brought from the incident of איסור גיורא, who had twelve thousand zuz deposited with Rava. Issur’s son, Rav Mari, was conceived before Issur converted, and therefore could not inherit him. Rava observed that he stood to acquire the money upon Issur’s death, because Issur had no method of transferring it to Rav Mari, as he proceeded to explain. Rav Ikka brei d’Rav Ami wondered why Issur did not have a straightforward option: ולודי איסור דהלין זוזי דרב מרי נינהו – let Issur admit that these zuzi belong to Rav Mari, וליקנינהו באודיתא – and he will acquire them through Issur’s admission! In the meantime, Issur made the admission, enabling Rav Mari to take possession of the money. Rav was upset and said: קא מגמרי טענתא לאינשי ומפסדי לי – they are teaching arguments to people and causing me a loss! This incident proves that a שכיב מרע’s admission is effective.
- The definition of "קרקע כל שהוא" retained by a שכיב מרע
The Mishnah on Daf 146b taught that if a שכיב מרע who gave away his property retained קרקע כל שהוא – land of even minimal size, he cannot retract if he recovers (because it was presumably not given because of his anticipated death). Amoraim define "קרקע כל שהוא". Rav says: קרקע כדי פרנסתו – enough land to support him from its produce. Rav Yirmiyah bar Abba says even enough מטלטלין to support himself is considered retaining property. Rebbe Zeira commented: כמה מכוונן שמעתתא דסבי – how accurate are these teachings! The reason that retaining land renders it an ordinary gift is דאי קאי סמיך עליה – because if he recovers, he can rely on [the retained property] to support himself. Since retaining מטלטלין achieves the same goal, it shares the same law. However, Rav Yosef questioned the rulings: ומאי כוונתא – and what is so accurate about them? Since the Mishnah states "קרקע" – land, it indicates that מטלטלין are not considered retaining property!? And since the Mishnah states "כל שהוא" – of even minimal size, it indicates there is no required amount!? Although Abaye proves from Mishnayos that the term "קרקע" can include מטלטלין, and "כל שהוא" can include required minimums, Rav Yosef deflects his proofs.
