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1) DO WE BELIEVE A DYING PERSON?

(a) (Rav Huna): If a dying person was Makdish all his property, and said '100 Zuz in my possession really belongs to Ploni', he is believed - there is a Chazakah, people do not scheme to cheat Hekdesh.
(b) Objection (Rav Nachman): Do people scheme to cheat their children?!

1. (Rav and Shmuel): If a dying person said '100 Zuz in my possession really belongs to Ploni' - we only give to Ploni if he said 'Give it to Ploni'.
2. (This is not a scheme to cheat his children, rather,) the reason is, a person does not want people to think that his children are wealthy, so we suspect that he is lying;
3. Likewise, when he was Makdish, we should be concerned that he did not have Ploni's money, he did not want people to think that he himself is wealthy!

(c) Answer: Rav Huna discusses when Ploni has a document (therefore, we believe that he is owed).
(d) Inference: Rav and Shmuel's law is when Ploni does not have a document.
(e) Objection: When he says 'Give', why do we give - this is a loan without a document!

1. (Rav and Shmuel): A loan without a document is not collected from heirs or buyers.

(f) (Rav Nachman): Rather, also Rav and Shmuel's law is when Ploni has a document;

1. Rav Huna discusses a validated document, Rav and Shmuel discuss a document that is not validated;

i. If he says 'Give', this is like validating the document; if he did not say 'Give', he did not validate the document.

(g) (Rabah): If a dying person said '100 Zuz in my possession really belongs to Ploni', and his orphans say 'We paid Ploni', they are believed;

1. If he said 'Give 100 Zuz to Ploni', and his orphans say 'We paid Ploni', they are not believed.

(h) Question: Just the contrary! When he says 'Give', the matter is clear, it is more likely that they paid;

1. When he says '100 Zuz in my possession belongs to Ploni', the matter is not clear, it is less likely that they paid!

(i) Correction: Rather, if a dying person said '100 Zuz in my possession belongs to Ploni', and his orphans say 'He later told us that he paid Ploni', they are believed;

1. Question: What is the reason?
2. Answer: Later, he remembered that he had paid.
3. If he said 'Give 100 Zuz to Ploni', and his orphans say 'He later told us that he paid Ploni', they are not believed;

i. Had he paid, he would not have said 'Give' (which shows certainty that he owes).

(j) Question (Rava): If a dying person admitted (to a creditor who claimed from him), what is the law?

1. Must he say 'You are witnesses (that I really owe him)'?
2. Must he say 'You may write a document'?
3. Do we say that a person jests at the time of death, or not?

(k) Answer (Rava): A person does not jest at the time of death; what a dying person says takes effect like a document that was handed over.

(a) (Mishnah): If Reuven lent Shimon and wrote a document, he can collect even from property sold (after the loan);

1. A Milveh Al Peh (he did not write a document) is collected only from unsold property.

2. If Reuven presents a document (without signatures) in Shimon's handwriting saying that Shimon owes him, he collects from unsold property.

(b) If an Arev accepted Arvus in a document underneath the signatures, the lender can collect from unsold property (of the Arev).
(c) A case occurred, R. Yishmael said that he collect from unsold property.
(d) Ben Nanas: He does not collect at all!
(e) R. Yishmael: Why not?
(f) Ben Nanas: If Reuven saw Shimon (the lender) choking the borrower, and said 'Leave him alone, I will give you', Reuven is exempt, for Shimon did not lend on account of Reuven;

1. An Arev is liable if he said 'Lend him, and I will give you', the loan was given on account of the Arev.

(g) R. Yishmael: To become a Chacham, one should study monetary laws, it is the greatest field in Torah;

1. To learn monetary laws, one should study under Ben Nanas.

(a) (Gemara - Ula): Mid'Oraisa, whether or not a document was written for a loan, the lender collects from sold property.

1. This is because mid'Oraisa, a loan creates a lien (on property, a sale does not uproot the lien);
2. Chachamim enacted that a Milveh Al Peh is not collected from sold property to protect buyers from losing.
3. Question: If so, they should have enacted also that a loan with a document is not collected from sold property to protect buyers!
4. Answer: There (when witnesses signed a document, the matter becomes known, a buyer will find out about the loan if he asks; if he did not do so,) he caused his own loss.

(b) (Rabah): Mid'Oraisa, whether or not a document was written, the lender does not collect from sold property.

1. Mid'Oraisa, a loan does not create a lien;
2. Chachamim enacted that a loan document is collected from sold property on account of Ne'ilas Delet (lest people will not want to lend).
3. Question: If so, they should have enacted also that a Milveh Al Peh is collected from sold property!
4. Answer: There, the loan does not become known (buyers cannot find out about the loan, they will lose).

(c) Contradiction: But Rabah taught, if brothers collected land as payment for a debt due to their father, the firstborn gets a double share in this; if they collected money, he gets no extra share.

1. Suggestion: We must switch the opinions of Ula and Rabah.
2. Rejection: Ula taught, mid'Oraisa, a creditor collects Ziburis (low quality land) (Rashbam - from the borrower - this shows that there is a lien on his land; Tosfos - all agree that mid'Oraisa, a lender collects from the borrower's property; perhaps the Gemara understands that Ula says that mid'Oraisa he collects Ziburis from buyers).

(d) Answer: Rather, Rabah taught according to Chachamim of Eretz Yisrael, he disagrees.
(e) (Rav and Shmuel): A Milveh Al Peh is not collected from heirs or buyers.
(f) Question: What is the reason?
(g) Answer: Mid'Oraisa, a loan does not create a lien.
(h) (R. Yochanan and Reish Lakish): A Milveh Al Peh is collected from heirs and buyers.
(i) Question: What is the reason?
(j) Answer: Mid'Oraisa, a loan creates a lien.
(k) Question (against Rav and Shmuel - Beraisa): If Reuven was digging a pit in the public domain and an animal fell on him and killed him, the owner is exempt;

1. Moreover, if the animal died, Reuven's heirs compensate its owner.

(l) Answer (R. Ila'a citing Rav): The case is, Reuven died after Beis Din obligated him to pay (which is like a loan document, therefore the heirs must pay).
(m) Question: But the Beraisa says that the animal killed Reuven!
(n) Answer (Rav Ada bar Ahavah): The case is, it made Reuven a Treifah.
(o) Question: But Rav Nachman taught, the animal buried Reuven in the pit (i.e. he never went to Beis Din)!
(p) Answer: The case is, judges were sitting by the pit and obligated Reuven before he died.
(q) (Rav Papa): The Halachah is, a Milveh Al Peh is collected from heirs, but not from buyers.

1. It is collected from heirs, on account of Ne'ilas Delet;
2. It is not collected from buyers, because it does not become known.