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1) WHAT IS CALLED "PROPERTY?"

(a) Animals are called 'property';

1. (Mishnah): If Reuven was Makdish his property and it included animals fitting for sacrifices, males are Olah offerings, females are sold to people who want to bring Shelamim,

(b) Birds are called 'property';

1. (Mishnah): If Reuven was Makdish his property and it included things fitting for the Altar: wine, oil and birds...

(c) Tefilin are called 'property';

1. (Mishnah): If Reuven was Makdish his property, he redeems them for their value.

(d) Question: Is a Sefer Torah called 'property'?

1. Since it is forbidden to sell it, it is not called 'property';
2. Or, since one may sell it to learn Torah or marry a wife, it is called 'property'?

(e) This question is unsettled.

(a) Rav Zutra bar Tuvya's mother wrote her property to him before marrying Rav Zevid (so Rav Zevid would not get her property); he divorced her.

1. Rav Bivi bar Abaye: She gave him the property because she wanted to get married, and she did!
2. Rav Huna brei d'Rav Yehoshua: Even according to the opinion that a Mavrachas document acquires, that is only when she did not reveal why she gives the property;

i. Here, she said it was because she wanted to marry; now that she is divorced, all agree that she gets back the property.

(b) Rami bar Chama's mother wrote her property to him at night, and to Rav Ukva bar Chama the next morning. (Later, she died.) Rav Sheshes established the property by Rami.

1. Rav Ukva bar Chama went to Rav Nachman, he established the property by Rav Ukva.
2. Rav Sheshes (to Rav Nachman): Why did you do that?

i. You cannot say, because she retracted - she died!

3. Rav Nachman: Shmuel taught, anyone who could retract if he recovered, he can retract even if he did not recover (by writing to Rav Ukva, this shows that she retracted from giving to Rami).
4. Rav Sheshes: Shmuel said so regarding retracting to take back the property for himself, did he say so to give it to someone else?!
5. Rav Nachman: Yes, he explicitly said 'He may retract to take back the property for himself or to give to someone else'.

(c) Rav Amram Chasida's mother had loan documents; when she died, she said 'They are to my son Amram'.

1. Amram's brothers: He did not do Meshichah!
2. Rav Nachman: What a dying man says is like a document that was given (Meshichah is not needed).

(d) Rav Tuvi bar Rav Masnah's sister wrote her property to Rav Tuvi in the morning; his brother Rav Achdevoy came to her that afternoon, crying.

1. Rav Achdevoy: People will say that he is a Chacham, and I am not!
2. She wrote the property to him; he came in front of Rav Nachman.
3. Rav Nachman: Shmuel taught, anyone who could retract if he recovered, he can retract even if he did not recover (Rav Achdevoy gets the property).

(e) Rav Dimi bar Yosef's sister had a small orchard; whenever she got sick, she would give it to him; when she recovered, she would retract.

1. Once, she got sick and called him to come to acquire it; he sent a message 'I am not interested'. She sent to him 'Come and acquire it however you want (i.e. in a way that will not allow me to retract).'
2. He left part for her, and madea Kinyan on the rest. She recovered and retracted, and came in front of Rav Nachman; he called Rav Dimi to come.
3. Rav Dimi saw no need to come - since she kept part, it was like a healthy person's gift, and he acquired!
4. Rav Nachman: If you do not come, I will put you in Cherem!

i. When she had heard that Rav Dimi did not want to come, she said 'Woe, I will die without seeing him'.

5. Rav Nachman: This shows that the gift was because she expected to die - therefore, she may retract.

(a) (Rabanan citing Rav Nachman): A partial Matnas Shechiv me'Ra (he kept some property) is like a gift of a healthy person and like a gift of a dying man:

1. It is like a gift of a healthy person - if the giver recovers, he cannot retract;
2. It is like a gift of a dying man - it does not requirea Kinyan.

(b) (Rava citing Rav Nachman): No, it is like a gift of a healthy person, it needsa Kinyan.
(c) Question (Rava - Mishnah): A dying man gave a gift, and kept some property - if he recovers, he cannot retract.

1. Suggestion: This is when no Kinyan was made.

(d) Answer: No,a Kinyan was made.
(e) Question (Rava - end of the Mishnah): If he did not keep any property, if he recovers, he can retract.

1. Ifa Kinyan was made, why can he retract?

(f) Answer (Rav Nachman citing Shmuel): If a dying man gave all his property to others, even if they acquired from him, if he recovers, he can retract;

1. Surely, he only gave because he expected to die.

(g) Question (Rav Mesharshiya - Mishnah): A case occurred, the mother of Benei Rochel was sick, she said 'Give my clasp to my daughter, it is worth 1200 Zuz'; the mother died, and Chachamim fulfilled her words.
(h) Answer (Rava): There, she only gave because she expected to die.
(i) Question (Ravina - Mishnah): If Reuven said 'Give this Get to my wife and this Get of freedom to my slave', and he died, we do not give the Get posthumously;

1. If he said 'Give 100 Zuz to Ploni', and he died, we give it posthumously.
2. Question: Why can't we answer,a Kinyan was made?
3. Answer: Presumably, the second clause is like the first; just like no one acquired the Get for her, no one acquired the money for Ploni.

(j) Answer (Rava): There, Reuven only gave because he expected to die.
(k) (Rav Huna brei d'Rav Yehoshua): Normally, one who only gives because he expects to die must make a Kinyan;

1. These Beraisos which do not require a Kinyan are when the giver gave away all his property, then it is like a Matnas Shechiv me'Ra.

(l) The Halachah is: a partial Matnas Shechiv me'Ra requires a Kinyan, even if he died;

1. One who only gave because he expected to die does not require a Kinyan, on condition that the giver died.
2. If he recovered, he can retract, even though a Kinyan was made.