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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 114
BAVA BASRA 114 - sponsored anonymously by a talmid of Rabbi Kornfeld from
West Hempstead, N.Y.
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1) CANCELLING HANDOUTS
(a) Question: How long does one have to cancel a dying man's
handout?
(b) Answer #1 (Rabah): As long as the parties are seated.
(c) Answer #2 (Rav Yosef): As long as they are engaged in the
acquisition.
1. Rav Yosef: Presumably, I am right - Rav Yehudah
taught, three men came to visit a sick man - they
may write down his command, or execute it, whichever
they want.
i. If one may cancel an acquisition the whole time
they are sitting - why can they execute his
command, perhaps he will cancel it!
2. Rejection (Rav Kahana): Rav Yehudah also opposes Rav
Yosef - why can they execute his command, we should
be concerned, perhaps the sick man will retract!
i. Rather, Rav Yosef must say, they can only
execute the command after the sick man begins a
new matter.
114b---------------------------------------114b
ii. Rabah may similarly answer, they can only
execute the command after they leave where they
were sitting.
(d) The law is like Rav Yosef regarding a field (12B), a
matter (our law), and one who gives half his property to
his wife and sons (143A). (Everywhere else (Tosfos - in
Bava Basra) that Rabah argues with Rav Yosef, the
Halachah follows Rabah.)
2) A WOMAN BEQUEATHS TO HER SON
(a) (Mishnah): A woman bequeaths to her son (and does not
inherit him) ...
(b) Question: Why was it needed to teach this - we already
learned, a son inherits his mother, but does not bequeath
to her!
(c) Answer: We learn that a mother bequeaths to her son like
to her husband.
1. Just as a husband does not inherit his wife when he
is dead (that her property should pass to his
heirs), also a son does not inherit his mother after
his death to bequeath to his paternal brothers.
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