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1) INTERPRETING A STATEMENT BY INFERENCE

(a) Question: Who is the Tana of the following Beraisa?

1. (Beraisa): A sick person was lying in bed; they asked him, to whom will your property go? He said, 'I used to think that I had a son (or that my wife is pregnant) - now that I see that this is not so, my property is to Ploni.'
2. If it became known that he had a son (or that his wife was pregnant), the gift is void.
3. Suggestion: This is like R. Shimon ben Menasiya, not like Chachamim.

(b) Answer: No, it is even like Chachamim - the case is different, for he said 'I used to think...'
(c) Question: This is obvious - the one who asked, what did he think?
(d) Answer: One might have thought, he merely mentions his woe, but not that having a son would affect the gift - we teach, this is not so.

(a) Question (R. Zeira): What is the Torah source for Matnas Shechiv me'Ra (that it does not require an acquisition)?
(b) Answer #1 (R. Zeira): "V'Ha'avartem Es Nachalso l'Vito" - this teaches that there is another transfer of inheritance.
(c) Answer #2 (Rav Nachman): "U'Nsatem Es Nachalso l'Echav" - there is another gift like this, i.e. Matnas Shechiv me'Ra.

1. Question: Why didn't Rav Nachman learn from "V'Ha'avartem..."?
2. Answer: That is used to teach Rebbi's law.

i. (Beraisa - Rebbi): By all other inheritances, it says "U'Nsatem"; by a daughter, it says "V'Ha'avartem", because only a daughter transfers inheritance from one tribe to another, her husband and son inherit her.

3. Question: Why didn't R. Zeira learn from "U'Nsatem..."?
4. Answer: That is the normal language, we do not expound it.

(d) Answer #3 (Rav Menashiya bar Yirmeyah): "Chalah Chizkiyahu Lamus...Tzav l'Veisecha" - a mere command suffices.
(e) Answer #4 (Rami bar Yechezkeil): "Va'Achitofel...va'Ytzav El Beiso va'Yechanek va'Yamas" - a mere command sufficed.

(a) Version #1 (Beraisa): Achitofel commanded his children three things: do not be in a feud, do not rebel against the kinship of Beis David, and if it is Barur (clear, i.e. sunny) on Shavu'os, plant wheat that year (it will prosper).
(b) Version #2 (Mar Zutra): He said, if it is *Balul* (cloudy) on Shavu'os...(end of Version #2)
(c) (Chachamim of Neharda'a): The Beraisa does not mean that is totally *Barur*, Mar Zutra does not mean it is totally *Balul*, rather, even a cloudy day on which the north wind scatters the clouds is considered *Barur* (and is a good sign).
(d) (R. Aba): No, we learn from the wind on Shemini Atzeres!

1. (R. Yitzchak bar Avdimi): On Shemini Atzeres, everyone looks towards the smoke rising from the Altar: if it tilts northwards (on account of the south wind), the poor rejoice and farmers are sad, because there will be much rain, produce will rot, people will be forced to sell it cheaply.
2. If it tilts southwards (due to the north wind), farmers rejoice and the poor are sad, because there will be little rain, the produce planted will prosper, produce will not rot, grain will be expensive;
3. If it tilts eastwards (due to the west wind), everyone rejoices; if it tilts westwards (due to the east wind), everyone is sad.
4. Contradiction (Beraisa): The east wind is always nice, the west wind is always harsh; the north wind is good for wheat if it already grew a third, it is bad for blossoming olives; the south wind is bad for wheat if it already grew a third, it is good for blossoming olives.

i. (Rav Yosef (or...)): A way to remember this - the Shulchan (on which we place the Lechem ha'Panim, which is made of wheat) is in the north side (of the Heichal); the Menorah (which is lit with oil of olives) is in the south side;
ii. Each wind is good for what is on its side.

5. Version #1 (Rashbam) Answer: The latter Beraisa applies to Bavel (the west wind is bad, it brings more rain than is needed), the former applies Eretz Yisrael (which needs much rain).
6. Version #2 (Tosfos) Answer: The latter Beraisa applies to Eretz Yisrael (the east wind is good, it brings rain) the former applies Bavel (which does not need so much rain). (End of Version #2)

(e) (Beraisa - Aba Sha'ul): If it is clear on Shavu'os, it is a good sign for the entire year.
(f) (Rav Zvid): If it is hot on Rosh Hashanah, the entire year will be hot; if it is cold, the entire year will be cold.
(g) Question: Why must we know this?

(h) Answer: So the Kohen Gadol will know what to pray for on Yom Kipur (e.g. it should not be too hot).

(a) Answer #5 (to Question 2:a - Rav Nachman): Matnas Shechiv me'Ra is a Rabbinical enactment, lest a dying man's anxiety (that he cannot give his property as he wishes) will hasten his death.
(b) Question: This contradicts something else that Rav Nachman said!

1. (Rav Nachman): Shmuel taught that if Reuven sold a loan document to Shimon, and then pardoned the debt, the debt is cancelled, even Reuven's heir can pardon the debt;
2. Nevertheless, if Reuven gave money owed to him through Matnas Shechiv me'Ra, Reuven's heir cannot pardon the debt.
3. We understand this is Matnas Shechiv me'Ra is mid'Oraisa, therefore, the heir cannot pardon it (but sale of a debt is only mid'Rabanan, therefore the heir can pardon it);
4. But if Matnas Shechiv me'Ra is only mid'Rabanan, why can't the heir pardon it (like when it is sold)?

(c) Answer: Matnas Shechiv me'Ra is mid'Rabanan, but Chachamim enacted it as if it is mid'Oraisa.
(d) (Rava): If a dying man said 'Ploni will live in this house', or 'He will eat the fruits of this date tree', this does not take effect;

1. He must say 'Give this house to Ploni and he will live in it', or 'Give this date tree to Ploni and he will eat the fruits'.

(e) Inference: Rav Nachman holds that Matnas Shechiv me'Ra only takes effect in those cases when a gift of a healthy person takes effect.