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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'?

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 future.
(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 Chalitzah)!
(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 equally!

(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 share it.

1. They say that he is not their brother!

(e) Answer #2: They say 'We do not know if he is our brother'.
(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.
(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);
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.

(j) This question is not resolved.

(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 it;

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;