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1) ACQUIRING SOMETHING WHICH IS NOT YET IN THE WORLD

(a) (Mishnah): A woman says to her husband, 'What I produce is Konam (forbidden as a sacrifice) to your mouth' - there is no need to annul this vow; R. Akiva says, he must annul it, lest she produce more than is fitting.
(b) Answer (Rav Huna Brei d'Rav Yehoshua ): This is no proof - the case is, she said 'My hands are sanctified to their Maker' - her hands are in the world.
(c) This argues on Rav Nachman Bar Yitzchak.
(d) (Rav Nachman Bar Yitzchak): Rav Huna holds as Rav, Rav holds as R Yanai, R. Yanai holds as R. Chiya, R. Chiya holds as Rebbi, Rebbi holds as R. Meir, R. Meir as R. Eliezer Ben Yakov, and R. Eliezer Ben Yakov as R. Akiva, who says that a person can acquire something not yet in the world.

1. (Rav Huna): One who sells the fruits if a date tree - before they come to the world, he must retract the sale; after they come to the world, he may not retract the sale; Rav Nachman says, even after they come to the world, he may retract the sale.

i. Rav Nachman admits, if he took the fruit, we do not take it from him.

2. (Rav): One who says to his friend, this field that I buy, when I buy it, should be acquired to you from now - he acquires it.
3. (R. Yanai and R. Chiya): R. Yanai had a sharecropper that would bring him a basket of fruit every Erev Shabbos. Once he delayed coming - R. Yanai took Ma'aser from his own fruits on the fruit he expected to receive.

i. R. Chiya: You acted properly as a Beraisa teaches - "In order that you should learn to fear Hash-m all days" - this refers to Shabbos and Yom Tov.
ii. Question: This cannot come to permit taking Ma'aser, and to eat the Chulin - a verse is not needed to permit this, it is only forbidden mid'Rabanan!

iii. Answer: Rather, the verse teaches us that Ma'aser may be separated in such a case, even though it is as a matter that did not come to the world.
iv. R. Yanai: But I was shown in a dream - "A broken stick" - is this not, "You have trusted on a support, this broken stick"!
v. R. Chiya: No - rather, "A broken stick will not break ... (he will carry out the law to its truth)".

4. (Rebbi - Beraisa): "Do not seal a slave to his master" - this refers to one who bought a slave on condition to free him.

i. (Rav Nachman Bar Yitzchak): The case is, he wrote to him, 'When I buy you, you are acquired to yourself from now'.

5. (R. Meir - Mishnah): A man engages a woman to take place: after he converts; after she converts; after he/she is freed; after her husband dies; after her sister (who is his wife) dies; after she will do Chalitzah - Chachamim say, she is not engaged; R. Meir says, she is engaged.
6. (R. Eliezer Ben Yakov - Beraisa): Even if he said, 'These detached fruits should be Terumah on these attached fruits, or vice-versa, when they reach 1/3 growth and are uprooted' - when they grow 1/3 and are uprooted, this takes effect.
7. (R. Akiva - Mishnah): A woman says to her husband, 'What I produce is Konam to your mouth' - there is no need to annul this vow; R. Akiva says, he must annul it, lest she produce more than is fitting.

(a) Version #1 - Question: May a woman (whose husband had no children) do Yibum based on 1 witness that said that her husband died?

1. Is the reason why 1 witness is believed to permit a woman to marry is because (if the husband is alive) this is prone to become known, and people do not lie about such things - here also, he would not lie!
2. Or, is it because she will investigate well before marrying - here, sometimes she desires the Yavam, she will not check well?

(b) Answer (Rav Sheshes - Mishnah): If they told her that her son died, and then her husband, and she did Yibum, and later they told her the husband died first - she must leave her husband; children she had from him, both the first and last, are Mamzerim;
(c) Question: What is the case?

1. Suggestion: 2 witnesses told her the 1st time, and 2 witnesses later contradicted them.
2. Objection #1: Why believe the 2nd witnesses and not the 1st?
3. Objection #2: The child is only a doubtful Mamzer!

i. Suggestion: Perhaps the Tana was not so exact.
ii. Rejection: The next case of the Mishnah says, the first children are Mamzerim, later children are not Mamzerim - we see, the Tana was exact!

(d) Answer: Rather, 1 witness told her the 1st time; had 2 not contradicted him, he would have been believed!
(e) Version #2 - There is no question that a woman may do Yibum based on 1 witness that said that her husband died - she herself is believed to do Yibum when she says that her husband died!

1. (Mishnah): A woman that says, my husband died - she may get married; my husband died - she may do Yibum.

(f) Question: May a Yevamah marry a stranger based on 1 witness that said that her Yavam died?

1. Is the reason why 1 witness is believed to permit a woman to marry because (if the husband is alive) this is prone to become known, and people do not lie about such things - here also, he would not lie!
2. Or, is it because she will investigate well before marrying - here, she will not check well, because she hates the Yavam!