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1) ONE WHO REFUSES TO RECEIVE A GIFT

(a) (Rav Yehudah): If Reuven wrote his property to Levi and Levi said 'I do not want it' - he acquires it anyway, even if he screams in protest;
(b) (R. Yochanan): He does not acquire it.
(c) (R. Aba bar Mamal): They do not argue - R. Yochanan's law is when he protested from the beginning, Rav Yehudah's law is when he was initially quiet and later protested.
(d) (Rav Nachman bar Yitzchak): If Shimon acquired a gift on behalf of Yehudah, and Yehudah was initially quiet and later protested, R. Shimon ben Gamliel and Chachamim argue about the law.

1. (Beraisa): Reuven wrote his property, which included slaves, to Levi; Levi said 'I do not want it': if Levi is a Kohen, the slaves may eat Terumah (they are his slaves);
2. R. Shimon ben Gamliel says, since he said 'I do not want it', (Reuven or) his heirs acquire.
3. Question: Does the first Tana say that he acquires, even if he screams in protest?!
4. Answer (Rava): They do not argue: if he protested from the beginning, all agree that he does not acquire;

i. If he was initially quiet and later protested, all agree that he acquired;
ii. They argue when Shimon acquired on behalf of Levi, and Levi was initially quiet and later protested: Chachamim say, once he was silent, he acquired; now he protests for he wants to (but cannot) retract;
iii. R. Shimon ben Gamliel says, his later protest shows that he never wanted the property; initially, he did not feel a need to protest because the property did not yet come to him.

(a) (Beraisa): If Ploni (a dying man) said 'Give 200 Zuz (worth of land) to Reuven, 300 to Shimon, and 400 to Levi', we do not say that they acquire in this order (and Ploni's creditor would collect first from the last land given, i.e. from Levi) - rather, a creditor (with a loan document) collects from all of them;

1. If he said 'Give 200 to Reuven, after him give (300) to Shimon, and after him (400) to Levi', they acquire in this order, a creditor would collect first from Levi, then (if he is entitled to collect more than this) from Shimon, then from Reuven.

(b) (Beraisa): If a dying man said 'Give 200 Zuz to Ploni my son, the firstborn, as is fitting for him' - he receives it in addition to his extra share;

1. If he said 'Give him 200 for his Bechorah (i.e. his extra share)', he has the upper hand - he can take 200 in place of his Bechorah, or he can take his normal Bechorah.

(c) If a dying man said 'Give 200 Zuz to my wife, as is fitting for her' - she receives it in addition to her Kesuvah;

1. If he said 'Give her 200 for her Kesuvah' (and it was not a case where she pardons the rest of her Kesuvah), she has the upper hand - she can take 200 in place of her Kesuvah, or she can take her Kesuvah.

(d) If a dying man said 'Give 200 Zuz to Ploni my creditor, as is fitting for him' - he receives it in addition to the debt;

1. If he said 'Give him 200 for the loan', he takes it in place of the loan.

(e) Question: When he said 'as is fitting for him', why does Ploni receive it in addition to the debt - perhaps he meant 'as I owe him'!
(f) Answer (Rav Nachman): The Beraisa is R. Akiva, who learns from extra words.

1. (Mishnah - R. Akiva): If Reuven sold his house to Shimon; Shimon does not acquire the pit and cistern, even though Reuven wrote 'the depth and height';
2. (If Reuven wants to use them) he must buy the rights to a path to them.
3. Chachamim say, (he may use them,) he need not buy a path.
4. R. Akiva admits, if Reuven sold his house 'except for the pit and cistern', he need not buy a path.

i. Since he wrote this even though there was no need for this, it comes to add something (a path).

5. Culmination of answer: Here also, the extra words 'as is fitting for him' add (that the 200 is in addition to the debt).

(a) (Beraisa - R. Meir): A dying man said 'Ploni owes me 200 Zuz' - the witnesses write this, even though they do not know whether or not it is true;

1. Therefore, the heir must bring proof to collect it.

(b) Chachamim say, the witnesses may not write this unless they know that it is true, therefore, the heir does not need proof to collect it.
(c) (Rav Nachman): The opinions must be switched, R. Meir says that they may not write if they do not know, Chachamim permit them;

1. R. Meir forbids them to write because we are concerned for a Beis Din that will err (and not require the heir to bring proof).

(d) (Rav Dimi of Neharda'a): The Halachah is, we are not concerned for a Beis Din that will err.
(e) Question: Why is this different than Rava's law?

1. (Rava): Beis Din does not oversee Chalitzah until they know that she is a Yevamah and that this is her Yavam; Beis Din does not listen to Mi'un (a girl's annulment of her mid'Rabanan marriage) until they know that she is fit to do Mi'un.
2. Therefore, witnesses (that see Chalitzah or Mi'un in front of Beis Din) may write a document of Chalitzah or Mi'un even if they do not know.
3. Suggestion: (Letter of the law, Beis Din need not know;) we require Beis Din to know, because we are concerned that another Beis Din will err.

(f) Answer: Regarding Chalitzah and Mi'un, we are concerned that (a second) Beis Din will not check for themselves, rather they will rely on the Beis Din that witnessed it;

1. We are not concerned that a Beis Din would rely on witnesses (e.g. that signed a gift of a dying man), surely they themselves will verify what is written.

(a) (Mishnah): (If a father wrote his property to a son 'From today and after I die'), the father may harvest the produce and give it to whomever he wants;

1. After he dies, harvested produce he did not give away belongs to the heirs.

(b) (Gemara) Inference: What he did not harvest does not belong to the heirs.
(c) Question (Beriasa): (If the son sold the property and the father died), we evaluate the attached produce, the buyer (is only entitled to the land itself, he) must pay its value to the heirs.
(d) Answer (Ula): In our Mishnah, the father gave the property to his son, he gives generously, the son receives whatever is attached;

1. In the Beraisa, the son sold to a stranger, the buyer only gets the land itself.