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1) WHEN ONE DOES NOT NEED AS HE STIPULATED

(a) (Rhetorical question): Why did the Mishnah say, to where her mother is?
(b) Answer: To teach, a daughter, big or small, is raised by her mother.
(c) (Mishnah): Both husbands cannot say ...
(d) Reuven rented a mill to Shimon - they fixed that in lieu of paying, Shimon would grind Reuven's grain. Reuven waxed rich, and bought a mill and a donkey to grind.

1. Reuven: Until now, you were grinding for me - now, pay me money.
2. Shimon: No, I will continue to grind for you.

(e) (Ravina): This is as our Mishnah - the husbands cannot say, we will feed her together, rather one feeds her, and the other gives her the monetary equivalent.
(f) Question (Rav Avira): The cases are different! A girl has no use for 2 portions of food - but Shimon can tell Reuven, use your grinder to grind and sell to others, and I will grind for you!

1. This only applies if Shimon cannot find people that will pay him to grind for them; if he could find such people, in such a case, we prevent people from acting as in Sodom (where people refused to help others, even if they would not lose themselves).

(a) (Mishnah): A widow that says, I do not want to leave my late husband's house - the orphans cannot say, 'Return to your father's house; and we will feed you there' - rather, they feed her, and give her living quarters according to her honor;
(b) If she says, I want to stay in my father's house - the orphans can say, 'If you are by us, we will feed you; if not, we will not feed you'.

1. If she claims that she must stay in her father's house (to avoid suspicion) because both she and they are young, they feed her in her father's house.

(c) (Gemara - Beraisa): She lives in the house as in her husband's lifetime - the same applies to using slaves, pillows and blankets, and gold and silver vessels.

1. The husband wrote in the Kesuvah - 'You will live in my house and be fed from my property your entire widowhood'.

(d) (Rav Yosef): 'In my house' - and not in my hut.
(e) (Rav Nachman): Orphans that sold a widow's quarters, the sale is invalid.
(f) Question: Why is this different than R. Asi's law?

1. (R. Asi): Orphans that sold property of a small estate (i.e. it does not suffice to feed the children until the daughters grow up), the sale is valid.

(g) Answer: There, there was no lien on the property in the father's lifetime; here, there was.
(h) (Abaye): The law is, if the quarters of a widow fell, the heirs need not rebuild it.

1. Support (Beraisa): If the quarters of a widow fell, the heirs need not rebuild it; further, if she wants to rebuild it herself, they can stop her.

(i) Question (Abaye): What if she strengthened it before it fell (Rashi; Tosfos - may she strengthen it before it falls)?

1. This question is unresolved.

(j) (Mishnah): If she said (I want to remain by my father) ...
(k) Question: The orphans should feed her there!
(l) Answer: The Mishnah supports Rav Huna.

1. (Rav Huna): (More) blessing rests on a bigger household.

(m) Question: They should feed her, less what they lose because the household is smaller!
(n) Answer: Indeed, they do.
(o) (Rav Huna): From the words of Chachamim, one learns the way to blessing, wealth, and cures.

1. Blessing - as we taught.
2. Wealth - (Mishnah): Reuven is selling fruit to Shimon. If Shimon pulled the fruit to his domain but did not measure it, he acquired it; if he measured it but did not pull it, he did not acquire it.

i. If he is clever, he rents the place of the fruit (and acquires it right away).

3. Cures - (Mishnah): A person may not chew wheat on Pesach and put it on a wound, because the wheat will become Chametz.

(a) (Beraisa): When Rebbi passed away, he instructed his sons: Be careful to honor your mother; leave a light burning in my place, and the table and bed set; Yosef Chafni and Shimon Efrati served me in my lifetime, they will serve me in my death.

1. Question: 'Honor your mother' - why did he need to tell them this, it is mid'Oraisa!
2. Answer: He meant, his wife (even though she was not their mother).
3. Question: This is also mid'Oraisa!

i. (Beraisa): "Honor Es your father v'Es your mother" - The 1st "Es" comes to include your father's wife; the 2nd, your mother's husband; the 'Vav' - your older brother.

4. Answer: The Torah only commands to honor the spouse of a parent in the lifetime of the parent.

(b) (Beraisa): Leave a light burning in my place, and the table and bed set.
(c) Question: Why did Rebbi request this?
(d) Answer: Every week, when Shabbos entered, Rebbi returned to his house.

1. Once, a neighbor was calling on the porch - Rebbi's slave asked her to be quiet, lest she disturb Rebbi.

i. Rebbi stopped coming, so people should have improper thoughts about previous Tzadikim that did not return.

(e) (Beraisa): Yosef Chafni and Shimon Efrati served me in my lifetime, they will serve me in my death.
(f) People thought, Rebbi meant that they would serve him in this world (in his burial). When they saw that Yosef and Shimon died before Rebbi, they realized, he meant that they will serve him in the world to come.

1. He knew that they would die before him. He feared that people would suspect that Yosef and Shimon did not have merits of their own, and just lived in Rebbi's merit, and therefore, they did not merit to participate in his funeral.
2. To show that this was wrong, he made it known that they would serve him in the next world.

(g) Rebbi charged Chachamim: 'Do not eulogize me in medium cities; 30 days after my death, people should learn; my son Shimon is the Chacham, my son Gamliel will be Nasi, and Chanina Bar Chama will head the academy.

1. People thought that Rebbi did not want to be eulogized in medium cities (but rather in villages), to make things easier for them.
2. When they saw that he was eulogized in the great cities, and everyone came, they realized that his intention was to increase the honor.

(h) '30 days after my death, people should learn' - he reasoned, people should not mourn over me longer than Moshe Rabeinu - "Bnei Yisrael cried over Moshe ... for 30 days".

1. For 30 days, they eulogized Rebbi day and night. After that, he would be eulogized by day and they learned at night, or vice-versa.
2. This continued for 12 months.

(i) The day Rebbi passed away, a voice from Heaven proclaimed, all that were at the passing of Rebbi is prepared for the world to come.

1. There was a launderer that used to come in front of Rebbi every day. The day Rebbi expired, he did not come. When he heard, he jumped of the roof out of anguish.

i. A voice from Heaven declared that the launderer is also prepared for the world to come.

(j) Question: 'My son Shimon is the Chacham' - what was Rebbi saying?
(k) Answer: Even though Shimon is the bigger Chacham, Gamliel will be the Nasi.
(l) Question (Levi): Did Rebbi really need to say this?
(m) Answer (Shimon): Yes!
(n) Question: Why? "He gave the kingship to Yehoram, since he was the firstborn".
(o) Answer: Yehoram filled his father's place - but Gamliel did not.
(p) Question: Why did Rebbi make him Nasi?
(q) Answer: Gamliel did not fill his father's place regarding learning, but regarding fear of sin, he did.

(a) 'Chanina Bar Chama will head the academy' - but Chanina refused, because R. Efes was 2 1/2 years older.

1. R. Efes led the academy, and R. Chanina sat outside; Levi learned with R. Chanina outside.
2. R. Efes died; R. Chanina then led the academy, and Levi had no one to learn with, so he went to Bavel.

i. They told Rav that a great Chacham arrived in Nehardai; he limps, and he rules that a bride's crown may be worn outside on Shabbos.
ii. Rav: It must be, R. Efes died; R. Chanina led the academy, and Levi had no one to learn with, so he came to Bavel.
iii. Question: How did Rav know this? Maybe R. Chanina died, and Levi had no one to learn with, so he came to Bavel!
iv. Answer #1: Levi would sooner have been submissive to learn in the academy under R. Efes rather than come to Bavel.
v. Answer #2: Since Rebbi said that R. Chanina would head the academy, it had to happen - "(A Tzadik) decrees and it will be fulfilled".

(b) Question: R. Chiya was around - why didn't Rebbi appoint him to lead the academy?
(c) Answer #1: R. Chiya had already died.

1. Objection: But R. Chiya said, 'I saw Rebbi's coffin and cried over it'!
2. Answer: The Beraisa must be switched (Rebbi cried over R. Chiya's coffin.)
3. Objection: But R. Chiya said, 'The day Rebbi died, Kedushah ended'!
4. Answer: The Beraisa must be switched.
5. Objection (Beraisa): When Rebbi got sick, R. Chiya came to visit him; and found him crying.

i. R. Chiya: Why are you crying?

A. (Beraisa): If one dies amidst laughter, it is a good sign; amidst crying, it is a bad sign;
B. If his face is up, it is a good sign; if his face is down, it is a bad sign;
C. If he is facing the people, it is a good sign; if he is facing the wall, it is a bad sign;
D. If his face is green, it is a bad sign; if his face is radiant and red, it is a good sign;
E. If he dies on Erev Shabbos, it is a good sign; after Shabbos, it is a bad sign;
F. If he dies on Erev Yom Kipur, it is a bad sign; after Yom Kipur, it is a good sign; G. If he dies from stomach sicknesses, it is a good sign, since most Tzadikim die from stomach sicknesses.

ii. Rebbi: I am crying because of the Torah and Mitzvos I will no longer have.

6. Answer: The Beraisa must be switched.

(d) Answer #2: We need not switch the Beraisos - Rebbi did not appoint R. Chiya leader of the academy, so he should not distract him from Mitzvos.

1. R. Chanina claimed precedence over R. Chiya, because he was learned enough to return Torah to Yisrael if it would be forgotten;
2. R. Chiya claimed precedence over R. Chanina, because he ensured that Torah would not be forgotten!

i. R. Chiya planted flax, set traps, caught deer, fed the meat to orphans, made parchments from the skin, and he went to a city that did not have teachers for children. He wrote each book of the Torah on a parchment. He took 5 children, and taught each 1 book of the Torah; he took 6 children, and taught 1 order of the Mishnah to each.
ii. He told each child to teach what he knew to the others.

3. Rebbi: How great are the deeds of R. Chiya!
4. Shimon (Rebbi's son): Are they greater even than your deeds?
5. Rebbi: Yes.
6. R. Yishmael b'Rebbi Yosi: Are they greater than my father's deeds?
7. Rebbi: Do not say such a thing.

(e) Before he died, Rebbi taught Shimon the ways of Chachmah.
(f) Before he died, Rebbi taught Gamliel how the Nasi should act.

1. 'Conduct among the great ones, and instill fear in the Talmidim'.
2. Objection: It is taught - "He will honor those that fear Hash-m" - this is Yehoshafat, who would rise from his throne to hug and kiss Chachamim, and would greet them 'Rebbi, Rebbi, my teacher, my teacher'!
3. Answer: That was in private - in public, one instills fear in them.

(g) (Beraisa): Rebbi was in Tzipori, and his grave was prepared in Beis She'arim.
(h) Question (Beraisa): "Pursue righteousness" - go to a qualified judge, such as Rebbi in Beis She'arim ...
(i) Answer: Rebbi was in Beis She'arim; when he got sick, they took him to Tzipori, since it is elevated, and had good air.