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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 114

BAVA BASRA 114 - sponsored anonymously by a talmid of Rabbi Kornfeld from West Hempstead, N.Y.

1) CANCELLING HANDOUTS

(a) Question: How long does one have to cancel a dying man's handout?
(b) Answer #1 (Rabah): As long as the parties are seated.
(c) Answer #2 (Rav Yosef): As long as they are engaged in the acquisition.
1. Rav Yosef: Presumably, I am right - Rav Yehudah taught, three men came to visit a sick man - they may write down his command, or execute it, whichever they want.
i. If one may cancel an acquisition the whole time they are sitting - why can they execute his command, perhaps he will cancel it!
2. Rejection (Rav Kahana): Rav Yehudah also opposes Rav Yosef - why can they execute his command, we should be concerned, perhaps the sick man will retract!
i. Rather, Rav Yosef must say, they can only execute the command after the sick man begins a new matter.
114b---------------------------------------114b

ii. Rabah may similarly answer, they can only execute the command after they leave where they were sitting.
(d) The law is like Rav Yosef regarding a field (12B), a matter (our law), and one who gives half his property to his wife and sons (143A). (Everywhere else (Tosfos - in Bava Basra) that Rabah argues with Rav Yosef, the Halachah follows Rabah.)
2) A WOMAN BEQUEATHS TO HER SON
(a) (Mishnah): A woman bequeaths to her son (and does not inherit him) ...
(b) Question: Why was it needed to teach this - we already learned, a son inherits his mother, but does not bequeath to her!
(c) Answer: We learn that a mother bequeaths to her son like to her husband.
1. Just as a husband does not inherit his wife when he is dead (that her property should pass to his heirs), also a son does not inherit his mother after his death to bequeath to his paternal brothers.
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