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1) THE CASE OF 'AFTER YOU'

(a) (Beraisa - Rebbi): 'My property is (given) to you (Shimon), and after you (die) to Ploni; Shimon sold the property and spent the money - after Shimon dies, Ploni takes the property from the buyer (even in a case of 'After you', Shimon owns the produce, but not the property, therefore his sale is void);
(b) R. Shimon ben Gamliel says, Ploni only receives what Shimon leaves over (in this case, nothing - this is because Shimon owned the property).
(c) Contradiction: (Beraisa - Rebbi): 'My property is to you (Shimon), and after you to Ploni; Shimon may (l'Chatchilah) sell the property and spend the money;
(d) R. Shimon ben Gamliel says, Shimon is only entitled to eat the produce.

1. Both Tana'im contradict themselves!

(e) Answer - part 1 (for Rebbi): In Beraisa #1, Rebbi teaches that Shimon cannot sell the (permanent rights to the) property; in Beraisa #2, he teaches that he may sell the produce (for the rest of his life).
(f) Answer - part 2 (for R. Shimon ben Gamliel): In Beraisa #1, R. Shimon teaches that if Shimon sold (b'Diavad) the property, the sale stands; in Beraisa #2, he teaches that he should not sell the property (because the giver wanted Ploni to receive it after Shimon).
(g) (Abaye): A crafty Rasha is one who counsels Shimon (in the above case) to sell the property, according to R. Shimon ben Gamliel.
(h) (R. Yochanan): The Halachah follows R. Shimon ben Gamliel;

1. R. Shimon admits that if Shimon gave the property like a Matanas Shechiv me'Ra (gift of a dying man), this gift is void, Ploni gets it after Shimon dies.
2. Question: What is the reason?
3. Answer (Abaye): A Matanas Shechiv me'Ra only acquires after death; Ploni already acquired the moment Shimon died.

(i) Question: Abaye said differently!

1. Question: When does a Matanas Shechiv me'Ra take effect?
2. Answer #1 (Abaye): At the moment of death.
3. Answer #2 (Rava): After death.

(j) Answer: Abaye retracted from this (Answer i:2).
(k) Suggestion: Perhaps Abaye retracted from his above teaching (Answer h:3)!
(l) Rejection: (Presumably, one does not give his property until after his death, just as (if he did not specify otherwise, we assume that) a man does not decide absolutely to divorce until after death.)

1. (Mishnah): 'This is your Get if I die (from this illness)', 'This is your Get from this illness', 'This is your Get after I die' - the Get is void.

(m) (R. Zeira): The Halachah follows R. Shimon ben Gamliel, even if he received slaves and freed them (they are free).
(n) Question: This is obvious!
(o) Answer: One might have thought, the giver did not give in order that Shimon will transgress with the gift (by freeing them), this invalidates the gift - R. Zeira teaches, this is not so.
(p) (Rav Yosef): The Halachah follows R. Shimon ben Gamliel, even if he made the gift shrouds for a dead person.
(q) Question: This is obvious!
(r) Answer: One might have thought, the giver did not give in order that Shimon will make it forbidden to benefit from it - Rav Yosef teaches, this is not so.

(a) (Rav Nachman bar Rav Chisda): 'I give you (Shimon) this Esrog as a gift, after you to Ploni'; Shimon took it to fulfill the Mitzvah - Rebbi and R. Shimon ben Gamliel argue whether or not he fulfilled the Mitzvah.
(b) Question (Rav Nachman bar Yitzchak): They only argue whether or not owning the produce is like owning the property;

1. All agree that Shimon receives the usage - if he does not get enough ownership to fulfill the Mitzvah, what was the point of the gift?!

(c) (Rav Nachman bar Yitzchak): Rather, all agree that Shimon fulfilled the Mitzvah; they argue if he sold it (Rebbi invalidates the sale, R. Shimon upholds it) or ate it (Rebbi says that he must pay Ploni its value, R. Shimon exempts him).
(d) (Rabah bar Rav Huna): Orphans bought an Esrog with money of the estate; one of them took it to fulfill the Mitzvah. If the others would allow him to eat it (this shows that he owns it), he fulfilled the Mitzvah; if not, he did not fulfill the Mitzvah.

1. This is only if there is an Esrog for each brother (if not, they do not consent that he should own it).

(e) (Rava): 'I give you this Esrog as a gift on condition that you return it to me' - if he took it and returned it, he fulfilled the Mitzvah; if he did not return it, he did not fulfill the Mitzvah.

1. Rava teaches that a gift on condition to return it is a valid gift.

(a) Leah owned a date tree in Rav Bivi bar Abaye's property; whenever she would go to take the fruit, he was upset. She transferred ownership to him for the rest of his life; he gave it to his son.

1. (Rav Huna brei d'Rav Yehoshua): He cannot do that! Even R. Shimon ben Gamliel only said that a gift to someone else takes effect when the giver said 'After you to Ploni' (because the giver gave away the produce *and* the permanent rights to the property);

i. Here, she stands to get back the tree after Rav Bivi dies, all agree that he cannot sell it!

(b) (Rava citing Rav Nachman): 'I give you this ox like a gift on condition that you return it to me' - if Shimon was Makdish it and returned it, it is Hekdesh and he fulfilled the stipulation.
(c) Question (Rava): Why is it considered that he returned it (the giver wanted to get it back to use it)!
(d) Answer (Rav Nachman): He returned an ox, just as he received!
(e) (Rav Ashi): If he said 'On condition that you return it' - this was fulfilled;

1. If he said 'On condition that you return it to me', he wanted to be able to use it.