POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 135
1) IS A MAN BELIEVED TO PERMIT HIS WIDOW TO REMARRY?
(a) Reuven was about to die (we were Muchzak that he had
brothers, but not that he had children). They asked him
'Will your wife need Chalitzah or Yibum'?
2) THE DUBIOUS BROTHER
1. Reuven: She is fit for a Kohen (he does not mean
this exactly, he just means that she may marry).
(b) (Rava): He is believed - R. Chiya bar Avin cited R.
Yochanan to say that a man is believed to say that he
divorced his wife (and surely, that is what he means).
(c) Question (Abaye): But Rav Yitzchak bar Yosef cited R.
Yochanan to say that a man is not believed to say that he
divorced his wife!
(d) Answer (Rava): We already answered this - he is not
believed regarding the past, he is believed regarding the
(e) Question (Abaye): Will we rely on this answer?!
(f) Rava (to Rav Noson bar Ami): Be stringent (require
Chalitzah, like Abaye).
(g) Reuven was about to die (he was Muchzak not have
brothers); he said, 'I do not have brothers'.
(h) (Rav Yosef): We are not concerned:
1. Firstly, he was Muchzak not have brothers; and also,
he said 'I do not have brothers'!
(i) Abaye: But people are saying that witnesses overseas know
that he has brothers!
(j) Rav Yosef: We do not have witnesses in front of us, we
are not concerned, as in R. Chanina's case.
1. (R. Chanina): (A woman told Beis Din that she was
captured, but was not defiled - she is believed.)
Will we forbid her because people are saying that
witnesses overseas know that she was defiled?!
(k) Question (Abaye): We are lenient regarding a captured
woman (because she makes herself repulsive so her captors
will not desire her), but we cannot learn to be lenient
to permit a woman to marry (when perhaps she needs
(l) Rava (to Rav Noson bar Ami): Be stringent (require
Chalitzah, like Abaye).
(a) (Mishnah): If Reuven said 'This (Ploni) is my brother',
he is not believed.
(b) Question: What do the other brothers say?
1. If they admit 'He is our brother', they all divide
(c) Answer #1: They say 'He is not our brother'.
(d) Objection (end of the Mishnah): If Ploni received
property from another place (and died), all the brothers
1. They say that he is not their brother!
(e) Answer #2: They say 'We do not know if he is our
(f) (Rava): This teaches that if Shimon says 'You owe me 100
Zuz' and Levi says 'I do not know', he is exempt (the
brothers do not know if they must share their inheritance
with him, and they are exempt).
(g) Rejection (Abaye): Perhaps Levi is liable - here is
different, Reuven claims on behalf of someone else (Ploni
himself did not claim).
(h) (Mishnah): When Ploni dies, Reuven gets back what Ploni
took from Reuven's share.
3) THE GIFT OF A DYING MAN
(i) (Rava): If the property increased in value by itself,
what is the law?
1. If Ploni worked to increase the value (e.g. he
farmed the land and it is laden with fruit), surely
it is like property he received from elsewhere (the
brothers share it);
(j) This question is not resolved.
2. The question is when it increased in value by
itself, e.g. a date tree became stronger or a river
deposited soil on the land.
(a) (Mishnah): Reuven died, Daitiki (gift documents of a
dying person) were tied to his thigh - we ignore them.
(b) If Reuven had said 'I give to Ploni what is written in
this document', whether or not Ploni is fitting to
inherit Reuven, Ploni acquires.
(c) (Beraisa): A Daitiki is one that says 'Da Tehei l'MeiKam
v'Lihyos (this should be fulfilled (after death))'l
1. A gift (of a healthy person) is one that says 'From
today and after I die'.
(d) Question: If it says 'From now', this is not a gift?!
(e) Answer (Abaye): It means, a gift (of a healthy person)
that is like a gift of a dying person (it does not
acquire until after he dies) is one that says 'From today
and after I die'.
(f) Version #1 (Rabah bar bar Chanah citing R. Yochanan): If
a dying person said 'Write and give 100 Zuz to Ploni' and
died, we do not write and give after his death, perhaps
he only wanted Ploni to acquire through a document, and a
document does not work after he died;
1. R. Elazar: This is the Halachah.
(g) Version #2 - Rav Shizbi: R. Elazar said the law, R.
Yochanan confirmed that this is the Halachah.
(h) (Rav Nachman bar Yitzchak): Presumably, Version #2 is
correct, R. Elazar said the law and R. Yochanan confirmed
1. But if R. Yochanan said the law, we do not need R.
Elazar his Talmid to confirm it!
2. Also - Ravin said that R. Elazar sent a message to
Bavel saying this law in Rav's name, and R. Yochanan
said 'It must be checked'.
3. Question: What does it mean 'It must be checked'?
4. Answer (Rav Dimi (his second teaching will answer
our question)): A Daitiki nullifies a previous
Daitiki (it does not take effect until after death,
the giver can retract - the latter Daitiki shows
that he retracted from the former);
5. If a dying person said 'Write and give 100 Zuz to
Ploni' and died, we check: if he authorized the
document for Ploni's benefit (so he will have a
proof of the gift), we write and give it; after his
death, perhaps he only wanted Ploni to acquire
through a document, and a document does not work
after he died;