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1) POSTHUMOUS IMPROVEMENTS (cont.)

(a) (Mishnah): If the adults said 'this is what father left; we want to divide, we will improve our share' - they keep their improvements.
(b) Rav Safra's father died, leaving money; Rav Safra invested it, his brothers took him to Beis Din.

1. Rava: Rav Safra is a great Chacham, he would not take time from learning for the sake of others! (It is as if he said 'I will improve my share.')

(c) (Mishnah): Similarly: If his widow improved the property, the children share the improvements...
(d) Question: A widow does not share the property!
(e) Answer (R. Yirmeyah): The Mishnah discusses a widow that inherits (her husband stipulated that she will get a share with his children; alternatively, Reuven married Sarah, the daughter (the only child) of his brother Shimon, Reuven and Shimon died, and then their father died - Sarah inherits her father's share).
(f) Question: If so, obviously the law is like the case of adult and minor brothers!
(g) Answer: One might have thought, since a woman normally does not deal with property, she did not do so for the sake of others, it is as if she said 'I will improve my share' - the Mishnah teaches, this is not so.
(f) (Mishnah): If she said 'This is what my husband left; I will improve my share', she keeps her improvements.
(g) Question: This is obvious!
(h) Answer: One might have thought, because people would praise her for toiling on behalf of the orphans, she retracts from her stipulation and toils on behalf of them - the Mishnah teaches, this is not so.

(a) (R. Chanina): If Levi marries off his oldest son (Kehas) in a house (in which Levi does not live), Kehas acquires the house.

1. This only applies to his oldest son, and only if he marries a virgin, and only if this is his first marriage, and only if he is the first son he marries off.

(b) The following is obvious: if Levi designated for him a house that has an upper story, he acquires the house, not the upper story.
(c) Questions: If Levi designated for him a house that has an Achsadra (a hall in front of a house), does he acquire the Achsadra? If he designated an outer house and an inner house, does he also acquire the outer house?
(d) These questions are unsettled.
(e) Question (Beraisa): If Levi designated a house and house vessels, he only acquires the vessels.
(f) Answer #1 (R. Yirmeyah): The case is, Levi used the house as a storehouse.
(g) Answer #2 (Chachamim of Neharda'a): Even if Levi had a dovecote there, Kehas does not acquire.
(h) Answer #3 (Rav Yehudah and Rav Papi): Even if he had a vessel of fried fish there, Kehas does not acquire.
(i) Mar Zutra hung his sandal in the house in which he married off his first son (so the son would not acquire); Rav Ashi hung a cup of oil.
(j) (Mar Zutra): Chachamim made three enactments without explaining (how they work): this is one;

1. (The second - Rav Yehudah): If a man wrote a document giving all his property to his wife, (surely he did not deprive his sons from inheriting, he merely wants to ensure that his sons honor her,) he only made her an overseer.
2. (The third - Rav): If Reuven tells Shimon in front of Levi 'You have money of mine - give it to Levi', Levi acquires it.

3) WHEN BROTHERS SHARE INCOME AND EXPENSES

(a) (Mishnah): If brothers inherited together and one of them received a well-paying position, the brothers share the income.
(b) If a brother fell sick, he pays for his own cure.
(c) (Gemara - Beraisa): The Mishnah refers to a son conscripted for the king's service (since normally, one person per house is taken for this for a certain period of time, the brother did not receive it because of his efforts).
(d) (Beraisa): One of the brothers was appointed to be tax collector or officer: if a person from each house is normally appointed for a certain time, they share the income;

1. If he got it on account of himself, he keeps the income.

(e) Question: The first clause is obvious!
(f) Answer: The case is, he is very sharp. One might have thought, he got the position on account of himself - the Beraisa teaches, this is not so.
(g) (Beraisa): If one of the brothers took 200 Zuz (of his share of the estate) to learn Torah or a trade, the others can say 'You will not receive food from the estate unless you are with us'.
(h) Question: Why isn't he fed wherever he is?
(i) Answer: The reason is as Rav Huna taught, the Beraisa supports him.

1. (Rav Huna): There is a bigger blessing in the house when more people are there (Rashbam; R. Chananel - it is more economical when more people live together, e.g. one lamp suffices for everyone).

(j) Question: Even after taking this into account, he should receive something!
(k) Answer: Indeed, he receives accordingly.
(l) (Mishnah): If a brother fell sick, he pays for his own cure.
(m) (Ravin): This is only if he got sick through negligence, but if it was Ones, they share the cost.
(n) Question: What is the case of negligence?
(o) Answer: A case like R. Chanina taught.

1. (R. Chanina): "Tzinim Pachim...Shomer Nafsho Yirchak Mehem" - whatever befalls a person is decreed by Heaven, except for chills and fevers (which is from his lack of caution).

(a) (Mishnah): If the father sent Shushvinus (gifts that one brings to a Chasan) with some of his sons, and the Chasan returned Shushvinus (when the one who brought to him gets married, as is the custom) after the father died, all his sons share them, for Shushvinus can be collected in Beis Din (like a debt);
(b) If a man sends wine and oil to his friend (who is not a Chasan), Beis Din does not force the friend to reciprocate, for this was mere Chesed.
(c) (Gemara) Contradiction (Beraisa): If the father sent Shushvinus with a son, and the Chasan returned Shushvinus after the father died, that son keeps it;

1. If Shushvinus was sent to the father, and the giver got married after the father died (and the heirs must return Shushvinus), they all pay for it.

(d) Answer #1 (R. Asi citing R. Yochanan): Also our Mishnah means that the Shushvinus was sent to the father, and all his sons must return it.

1. Objection: But the Mishnah says 'If some of the sons Asu (i.e. were sent with Shushvinus)'!
2. Answer: It should say, if Shushvinus *was done* to some of the sons.
3. Question: But the Mishnah says 'And Shushvinus was returned (to the heirs)'!
4. Answer: It means, if the *obligation* reverted to the heirs, they all pay.

(e) Answer #2 (Rav Asi): The Mishnah is when the father did not stipulate, the Beraisa is when he stipulated that the Shushvinus will return to the son who brought it (the father gave it to him like a gift).

1. (Beraisa): If the father sent Shushvinus with a son, and Shushvinus was returned (after the father died), that son keeps it;
2. If the father sent Shushvinus without specifying, and Shushvinus was returned, the heirs share it.

(f) Answer #3 (Shmuel): The Mishnah is when the son (Reuven) who brought Shushvinus died, a brother (Shimon) did Yibum, and Shushvinus was returned;

1. (Even though the Shimon inherits Reuven by himself,) since (Shushvinus is Ra'uy, like a debt, and) a Yavam does not inherit Ra'uy, all the brothers share it.

(g) Question: This implies that the one who received Shushvinus (Ploni) must return it to the Yavam;

1. Ploni should be able to say, 'I will only return it to rejoice with Reuven (- since he died, I am exempt)'!
2. (Beraisa): In a place where the custom is to return Kidushin money (this will be explained), we return it; where it is not returned, we do not return it.
3. (Rav Yosef bar Aba): It is only returned when she died (during Eirusin), not if he died.
4. Question: What is the reason?
5. Answer: She can say, 'Give me my husband, I will rejoice with him (have Nisu'in - it is not my fault that he died)'!
6. Likewise, Ploni should be able to say, 'I would like to rejoice with Reuven'!

(h) Answer (Rav Yosef): The case is, Ploni rejoiced with Reuven for the seven days of celebration, and before he returned the Shushvinus, Reuven died.