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1) A GIFT WITH ZECHIYAH (cont.)

(a) Version #2 - Chachamim of Pumbadisa - Question (Bei Rav): If Reuven wrote a document and a Kinyan was done (Tosfos - and this was written in the document; Rashbam - and the document was given), what is the law?
(b) Answer (Shmuel): One cannot retract after a Kinyan.
(c) Rabanan understood, he cannot retract to give to someone else, but he can retract to keep the property himself.
(d) (Rav Chisda): He cannot retract even to keep the property himself.
(e) Reuven wrote a gift document, a Kinyan was done; (he recovered and wanted to retract).

1. Rav Huna: You did not do as those who want to be able to retract - I cannot help you.

(a) (Rav): If a gift document says '*B'Chayim* (In life) and in death', it is a Matnas Shechiv me'Ra.
(b) (Shmuel): It is a gift of a healthy person.

1. Rav says, because it says 'In death', it acquires after death, it is a Matnas Shechiv me'Ra.

i. He only wrote 'In life' as a good omen (that he should live).

2. Shmuel says, because it says 'In life', it acquires during life, it is a gift of a healthy person;

i. He only wrote 'after death' to suggest that the gift is forever.

(c) (Chachamim of Neharda'a): The Halachah follows Rav.
(d) (Rava): If it says '*Mi'Chayim* (from when he is alive)', it is a gift of a healthy person.
(e) (Ameimar): The Halachah does not follow Rava.
(f) Question (Rav Ashi): This is obvious, Chachamim of Neharda'a said that the Halachah follows Rav!
(g) Answer: One might have thought, Rav admits when he says 'Mi'Chayim' - Ameimar teaches, he does not.
(h) Reuven wrote a gift 'In life and in death'; Rav Nachman referred him to R. Yirmeyah bar Aba in Shum Tamya.

1. Rav Nachman: Here (Neharda'a) is Shmuel's region, how can I rule here like Rav?!

(i) Leah wrote a gift 'Mi'Chayim'; Rava ruled as he taught (she cannot retract), she was protesting the ruling.

1. Rava told Rav Papa bar Rav Chanan (his scribe): Write for her that the decision was, she may retract (so she will go away); write at the bottom 'He may hire others at their expense, or deceive them' (a Mishnah discussing workers that retracted, any Chacham who sees this will understand that this was written to deceive her, really she cannot retract).
2. Leah: You want to trick me, your boat should sink!
3. They soaked Rava's garments in water (in order that this should be the fulfillment of the curse); still, his boat sank.

(a) (Mishnah - R. Meir): Reuven wrote a gift document, it did not say that he was sick. He says that he was sick; the recipients say that he was healthy - Reuven must bring proof;
(b) Chachamim say, to take money from another, one (here, the recipients) must bring proof
(c) (Gemara): A gift document said,' he said to give...'; it did not say 'he died from the sickness'. (He is now dead.)

(d) (Rabah): We assume that he died from that sickness, and did not recover in between.
(e) Objection (Abaye): Most people on sinking ships die, yet we are stringent, perhaps they are still alive;

1. Most sick people recover, all the more so we should be stringent, perhaps he recovered (and the gift was nullified)!

(f) (Rav Huna brei d'Rav Yehoshua): Rabah holds like R. Noson.

1. (Beraisa - R. Yakov): (A gift document did not say if the giver was healthy or sick.) The giver can take the property from the recipients (even if they already took it) without a proof (that he was sick at the time), they can only take it if they bring proof;
2. R. Noson says, if the giver is healthy now, he must bring proof that he was sick; if he is sick now, they must bring proof that he was healthy.

(g) (R. Elazar): These Tana'im would argue similarly regarding Tum'ah (whether we follow the original status (i.e. when the doubtful Tum'ah occurred) or the current status (when the question was asked)).

1. (Mishnah): In summer, a valley (enclosed by a fence) is a private domain concerning carrying on Shabbos, it is a public domain regarding Tum'ah (in doubtful cases of Tum'ah, we assume it is Tahor);
2. In winter (when very few people walk through), it is also a private domain regarding Tum'ah.

(h) (Rava): This is only if winter did not pass from the time of the doubtful Tum'ah (Tosfos; Rashbam - from the time the valley was fenced); if it did, we considered it a private domain.