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1) WHEN IS A KINYAN REQUIRED?

(a) (Bei Rav citing Rav): If a Matnas Shechiv me'Ra mentioned that a Kinyan was made, the giver gave the receiver the advantage of the gift of a healthy person *and* the gift of a dying man;
(b) Shmuel: I do not know how to judge it.

1. Rav says he gets the advantages of both: it is like the gift of a healthy person, even if the giver recovers, he cannot retract;

i. It is like the gift of a dying man - if he gave a loan, the receiver acquires it.

2. Shmuel is unsure how to judge it - perhaps the giver only wanted it to be acquired through the document, and a document does not work posthumously.

(c) Contradiction: Rav and Shmuel both contradict themselves!

1. (Ravin citing Rav): If a Matnas Shechiv me'Ra said 'Write and give 100 Zuz to Ploni', and the giver died, we do not give it, perhaps the giver only wanted it to be acquired through the document, and a document does not work posthumously.
2. (Rav Yehudah citing Shmuel): The Halachah is, we write and give it.
3. Answer - part 1: Rav says he gets the advantages of both when a Kinyan was done; when no Kinyan was done, Rav says that we do not give it.
4. Answer - part 2: Shmuel only says that we write and give it when the giver gives the receiver more rights (this will be explained; a regular Kinyan does not prove that this was the giver's intention).

(d) Question (Rava): Did Shmuel really say 'perhaps the giver only wanted it to be acquired through the document, and a document does not work posthumously'?

1. But Rav Yehudah cited Shmuel to say that if a dying man wrote all his property to others, even though a Kinyan was made, if he recovers, he can retract - surely, he only gave because he expected to die; (but if he died, we give the gift)!

(e) Rav Nachman gestured to Rava; Rava understood the answer.
(f) Rav Nachman bar Yitzchak: What did his gesture mean?
(g) Rava: The case is, the giver gave the receiver more rights.
(h) Question: What is the case of giving the receiver more rights?
(i) Answer (Rav Chisda): It says 'v'Kanina Minei (the witnesses acquired from the giver on behalf of the receiver)' in addition to this gift.
(j) The following is obvious: If a dying man (Reuven) wrote to Shimon and then to Levi, Rav Dimi's law applies:

1. (Rav Dimi): A Daitiki (document of a Matnas Shechiv me'Ra) nullifies a previous Daitiki (because it shows that the giver retracted).

(a) Version #1 - Chachamim of Sura - (Rav): If Reuven wrote a document and Zikah for Shimon (Rashbam - gave him the document; Tosfos - asked someone to acquire the property for Shimon, and wrote this in the document) and then wrote and Zikah for Levi, Shimon acquires;
(b) (Shmuel): Levi acquires.

1. Rav says that Shimon acquires - (because he was Mezakeh), this is like a gift of a healthy person;
2. Shmuel says that Levi acquires - it is a Matnas Shechiv me'Ra.

(a) Question: They already argued about this, a Matnas Shechiv me'Ra that says that a Kinyan was made!
(b) We need to hear the argument in both cases.

1. Version #1 (our text, Tosfos): If they only argued here, one might have thought that only here Rav considers it like a gift of a healthy person, because someone acquired the property on behalf of Shimon;
2. If they only argued there, one might have thought that only there Shmuel argues, but here he would admit to Rav, because someone acquired the property for Shimon. (Really, there was no need to prove that we must hear Shmuel's opinion in both cases - above, Shmuel said that we do not give the gift, perhaps he only intended to give through a document!)
3. Version #2 (Rashbam): If they only argued there, one might have thought that only there Rav considers it like a gift of a healthy person, because a Kinyan was done;
4. If they only argued here, one might have thought that only here Shmuel argues, because no Kinyan was done.