{"id":12978,"date":"2010-01-14T03:31:50","date_gmt":"2010-01-14T03:31:50","guid":{"rendered":"http:\/\/production.ou.org\/life\/other\/masechet_bava_batra_147a153b\/"},"modified":"2016-11-29T06:16:48","modified_gmt":"2016-11-29T11:16:48","slug":"masechet_bava_batra_147a153b","status":"publish","type":"post","link":"https:\/\/www.ou.org\/life\/torah\/masechet_bava_batra_147a153b\/","title":{"rendered":"Masechet Bava Batra 147a-153b"},"content":{"rendered":"

The Coming Week’s Daf Yomi by Rabbi Adin Steinsaltz<\/em><\/p>\n

This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud.<\/em><\/p>\n

Bava Batra 147a-b<\/u><\/strong><\/p>\n

The Mishnah<\/a> (146b<\/a>) presents the law of a shechiv mera<\/em> — someone who is on his deathbed — who commands that his property be distributed. Although under ordinary circumstances property cannot be transferred without a formal kinyan<\/em> (a formal act of taking ownership), according to the Mishnah a shechiv mera<\/em> can do so simply by making a statement. What is the source of this unusual law?<\/p>\n

The Gemara<\/a> on our daf<\/em> brings a series of amoraim<\/a><\/em>, all of whom claim that the law of matnat shechiv mera<\/em> is of biblical origin. Among the sources that are offered to support this claim are two stories in navi<\/a><\/em> –<\/p>\n

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  1. When King Chizkiyahu<\/a> was on his deathbed, the navi<\/em> Yeshayahu<\/a> told him that he was destined to die and suggested to him that he command his house (see II Melakhim<\/a> 20:1<\/a>).<\/li>\n
  2. When Achitofel realized that his support of Avshalom’s rebellion against King David was doomed to failure, he returned home, commanded his house, and committed suicide.<\/li>\n<\/ol>\n

    In contrast, Rava<\/a> quotes Rav Nachman<\/a> as teaching that the law of matnat shechiv mera<\/em> is of rabbinic origin, shema titraf da’ato alav<\/em> \u2013 lest he become insane.<\/p>\n

    Several explanations are offered regarding Rav Nachman’s teaching. One explanation brought by the Rashbam<\/a> is that he may become insane if he believes that his final wishes will not be fulfilled. Rabbeinu Gershom<\/a> follows this approach and adds that there are circumstances that will not allow for standard kinyanim<\/em> to be performed, and we must work to accommodate the needs of the shechiv mera<\/em>. Others suggest that we are concerned lest the dying man may lose his sanity and be unable to complete his final requests in a formal way.<\/p>\n

    The Gemara concludes that even if this law is not biblical, the Sages gave it the strength of biblical law, allowing the dying man’s wishes to be carried out in the face of other claims. Tosafot<\/a> suggest that even those amoraim<\/em> who quoted biblical passages in support of the position that matnat shechiv mera<\/em> is from the Torah<\/a>, recognize that it is of rabbinic origin, but because of the strength of the rabbinic enactment they looked for hints in the Torah that could be used to support it.<\/p>\n

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    Bava Batra 148a-b<\/u><\/strong><\/p>\n

    As we have learned, matnat shechiv mera<\/em> is a present given by an individual who is on his death bed. Unlike other examples of property transfer where the most basic requirement demands that a formal kinyan<\/em> – an act of transfer – take place, in the case of matnat shechiv mera <\/em>the Sages ruled that no such kinyan<\/em> is necessary. This rule was established in order to ease the concerns that rest on a dying person who wants to be sure that his will is carried out prior to his death. Nevertheless, there are restrictions to this unique rule of matnat shechiv mera<\/em>; according to the Mishna<\/a> (146b<\/a>), this gift only works if the dying man bequeaths all of his possessions while on his death bed. This clarifies to us that he is only distributing his wealth because he assumes that he has no more need for physical possessions, which leads to one final rule that applies to a case of matnat shechiv mera<\/em> – in the event that the dying man recovers, all of these presents must be returned, since they were given under a mistaken impression.<\/p>\n

    On our daf <\/em>Rav Aha bar Manumei quotes Rav Nachman<\/a> as ruling that even if someone on his deathbed gave away all of his property, he will not get it back if he recovers, since we suspect that he may have property in another place that he did not give away. According to this ruling, the Mishnah’s teaching that he will get his property back if he recovers is limited to specific cases:<\/p>\n