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1) WHO MUST BRING PROOF? (Cont.)

(a) Suggestion: If so, we must also switch the opinions in the question (of R. Yochanan against Reish Lakish)!
(b) Rejection: No, we need not;

1. R. Yochanan asked, according to me, they must validate the document; we understand why the buyers started using the land (they validated it, or relied on the admission of the family that it was written);

i. But according to you, they must bring witnesses, they had no right to start using the land!

2. Reish Lakish: I agree that the family has no claim (until they bring proof);

i. They say, he was a minor - we have a Chazakah, witnesses do not sign unless the parties in the document are adults!

(a) Question: How old must one be to sell land he inherited?
(b) Answer #1 (Rava citing Rav Nachman): Eighteen years old.
(c) Answer #2 (Rav Huna bar Chinena citing Rav Nachman): Twenty years old.
(d) Question (R. Zeira - Beraisa): A case occurred, Reuven sold his father's property, then Reuven died; members of the family said that the sale was invalid because he was a minor at the time. They asked if they may check the body.

1. R. Akiva: Firstly, you may not check the body, it is a disgrace; secondly, signs often change after death.
2. We understand according to Rava - Reuven was 18, if they will check and not find hairs, this proves that he was a minor;

3. But according to Rav Huna bar Chinena, we must say that Reuven was at least 20 - even without hairs, he is an adult!

i. (Mishnah): A 20-year old that did not bring hairs, he is *the* Seris (a man lacking normal male development), he does not do Yibum or Chalitzah (even if he brings hairs later, for he is already an adult).

(e) Answer: Reuven did not have signs of a Seris, so if he had no hairs, he was a minor;

1. (Rav Shmuel bar Rav Yitzchak): The Mishnah says that he is (an adult and) a Seris at age 20 only if he has signs of a Seris.
2. Support (Rava): It says, he is *the* Seris.

(f) Question: If he lacks signs of a Seris (and does not bring hairs), when is he (an adult and) a Seris?
(g) Answer (R. Chiya): After most (35) of a person's expected lifetime (70 years).
(h) When a man would come to R. Chiya (without hairs at an advanced age), if he was thin, he would tell him to fatten up; if he was fat, he would tell him to become thinner;

1. Version #1 (our text, Tosfos): Sometimes thinness causes hairs to come, sometimes fatness causes them to come.
2. Version #2 (Rashbam): Sometimes fatness causes hairs to come, sometimes it makes them fall out.

(i) Question: What is the law if a man without hairs sold *during* the year (at the end of which he may sell his father's property, i.e. 18 or 20 (according to Rava or Rav Huna bar Chinena))?
(j) Answer #1 (Rava citing Rav Nachman): His sale is invalid.
(k) Answer #2 (Rava bar Rav Shila citing Rav Nachman): His sale is valid.
(l) Rava did not say so explicitly, rather, it was inferred from something else he said.

1. Levi sold his father's property during the year; Rava nullified the sale.

i. The one who saw this assumed that this was because a sale during the year is invalid.

(m) Rejection: We cannot learn from this, Rava saw he was acting excessively foolishly, he freed his slaves.
(n) Question (Gidal bar Menasiya): If a 14-year old girl understands business well, may she sell her father's property?
(o) Answer (Rava): If she understands business well, her purchases and sales are valid.

1. Question: Why didn't Gidal ask about a boy?
2. Answer: He asked about a case that occurred with a girl.
3. Question: Why didn't he ask about a 12-year old?
4. Answer: The case was, she was 14.

(p) Reuven was less than 20, he sold his father's property; before he came in front of Rava, his relatives told him to eat dates and throw the pits in front of Rava (to appear foolish); Rava nullified the sale. When they were writing the ruling, the buyers told Reuven to tell Rava 'One can buy an entire Megilas Esther for one Zuz, must one pay a Zuz just to write your ruling?!'

1. Rava retracted (because he saw that the boy was sharp) and said that the sale stands; the relatives protested that the buyers taught him to say that.
2. Rava: Even though he did not think of it himself, since he understands something clever when he hears it, his sale stands; throwing the pits was due to excessive impudence, not immaturity.

(a) (Rav Huna brei d'Rav Yehoshua): An adult less than 18 (or 20) can testify.
(b) (Mar Zutra): He can only testify about Metaltelim, not about land.
(c) Question (Rav Ashi): Presumably, you say that he can only testify about Metaltelim, because he can sell them;

1. If so, even a minor should be able to testify about Metaltelim!
2. (Mishnah): Pe'utos (children that reached a certain level of maturity, some reach this at six years, others not until 10) can buy or sell Metaltelim.

(d) Answer (Mar Zutra): It says (regarding witnesses) "V'Omedu Shnei *ha'Anashim*" - minors are not men.