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1) 'ACQUIRE WITH THE DONKEY'

(a) Levi told Yehudah 'Acquire like a donkey' - he does not acquire;
(b) (Rav Nachman): If he said 'You and the donkey should acquire' - Yehudah receives half.
(c) (Rav Hamnuna): Yehudah receives nothing.
(d) (Rav Sheshes): Yehudah receives everything.
(e) Support (Rav Sheshes for himself - Beraisa - R. Yosi): The most bitter part of a cucumber is the inside;

1. Version #1 (Rashbam): Therefore, when taking Terumah, he should take extra from the outside, lest he take from the bitter part on the good part.
2. Version #2 (Tosfos): (Even if the inside of a cucumber separated to be Terumah is bitter (it is still considered food,) the separation was valid, he need not take (all the) Terumah again;) therefore, it suffices to add on extra Terumah from the outside. (End of Version #2)
3. This is like 'acquire with a donkey'! Even though he tried to make the sweet and bitter parts Terumah, and the bitter cannot become Terumah, the sweet becomes Terumah!

(f) Rejection: No, Mid'Oraisa the bitter part becomes Terumah.

1. (R. Ila'i): If one separates Terumah from the bad on the good, it takes effect - "V'Lo Sis'u Alav Chet ba'Harimechem Es Chelbo Mimenu";
2. If it did not take effect, he would not bear sin!

(g) Question (Rav Mordechai citing Rav Avya - Mishnah): There was a case: five women owned a field, two of them were sisters. Reuven gathered a basket of dates from the field in Shemitah, gave it to them, and said 'All of you are Mekudashos to me with this basket'; one of them received it on behalf of all of them. Chachamim ruled that the sisters are not Mekudashos.

1. Inference: The other women are Mekudashos, even though the sisters cannot be - this is like 'acquire with a donkey', and it takes effect!
2. Rav Ashi: This expIains why I saw Rav Huna bar Avya in a dream last night, because his father asked a question!

(h) Answer (Rav Ashi): We established the Mishnah to be when he said 'Whichever of you are fitting to have relations with me is Mekudeshes to me' (the sisters are excluded).
(i) (Rav Yosef): Yakov told his wife 'My property is to you and your sons' - she gets half, her sons get half;

1. We learn from the following Beraisa.
2. (Beraisa - Rebbi): "V'Haysah l'Aharon ul'Vanav" - Aharon (the Kohen Gadol) gets half (of the Lechem ha'Panim), his sons (the other Kohanim) get half.

(j) Objection (Abaye): There, had the verse not mentioned Aharon, he would have received a share; surely, he is mentioned to teach that he gets half;

1. Normally, a wife does not inherit - Yakov mentioned her to teach that she gets a share like her sons!

(k) Question #1: Cases occurred, and Shmuel and R. Yochanan ruled that she gets half!
(l) Question #2: Rav Yitzchak bar Yosef taught, the king once demanded that the rich people and the (not as rich) nobles buy a crown for him; Rebbi ruled, the rich pay half, the nobles pay half!
(m) Answer (to Question #2): Had the king only written that the rich must pay, we would know that the nobles help a small amount; he included the nobles, to teach that they pay half.
(n) Question (against Rav Yosef - R. Zeira - Beraisa): 'I accept to bring a Minchah of 100 Isronim in two vessels' - he brings 60 in one vessel, and 40 in another vessel;

1. If he brought 50 in one vessel and 50 in another vessel, he fulfilled his obligation.
2. This is only b'Di'avad - according to Rav Yosef, l'Chatchilah he should bring half in each!

(o) Answer: There, he clearly intends to bring a big sacrifice; he specified to bring in two vessels, because he knows that he cannot bring it all in one vessel;

1. He should bring as much as is possible (60) in one vessel.

(p) The law is like Rav Yosef regarding a field (12B), what is considered engaging in the same matter (to be able to retract - 114A), and giving half to one recipient.

(a) (R. Ami): If a man (without a wife) sent pieces of garments to his house, his sons receive the male garments, his daughters receive the female garments.

1. This is only if he does not have a daughter-in-law - if he has, she receives the female garments.

i. This is only if his daughters are married - if not, he gives to them before his daughter-in-law.

(b) A dying man told witnesses 'My property is li'Vnai (to my sons/children)'; he had a son and a daughter.
(c) Question: Would a man call one son 'Banai' (and the son gets everything), or not, and his daughter receives half?
(d) Answer #1 (Abaye): "U'Vnei Dan Chushim" - one son is called 'Banai'.
(e) Rejection (Rava): Perhaps one son is not called 'Banai'; the verse says 'Benei" because Chushim's children would be numerous like Chushim (clusters) of reeds.
(f) Answer #2 (Rava): "U'Vnei Falu Eli'av".
(g) Answer #3 (Rav Yosef): "U'Vnei Eisan Azaryah".
(h) A dying man told witnesses 'My property is to my sons'; he had a son and a grandson from a (deceased) son.
(i) Question: Would a man call a grandson 'my son'?
(j) Answer #1 (Rav Chaviva): Yes.
(k) Answer #2 (Mar bar Rav Ashi): No.
(l) Support (for Mar bar Rav Ashi - Beraisa): One who is forbidden by a vow from benefiting from his children is permitted to benefit from his grandchildren.

(a) (Mishnah): Reuven died, leaving minor and adult sons. The adults improved the property - the minors share in the improvements;

1. If the adults said 'this is what father left; we want to divide, we will improve our share' - they keep their improvements.

(b) Similarly: If his widow improved the property, the children share the improvements;

1. If she said 'this is what my husband left; I will improve my share'- she keeps her improvements.

(c) (Gemara - R. Chaviva brei d'Rav Yosef): This is only if the brothers did not have expenditures, but if they had expenditures, - they keep their improvements.
(d) Question: But R. Chanina taught, even if the father only left a pit of water (Rashbam; Tosfos - a guard post), they share the revenue;

1. This is like improvements that come from expenditures (they must guard)!

(e) Answer: Even minors can guard it (we do not consider that the adults had expenditures).