Bava Basra 152

What’s said in this shiur

The opening of this shiur, in Rabbi Oster Gemara Shiur’s own words — taken from the captions, so names and Hebrew terms may be approximate.

Begin today to Gemara on daf kuf nun bet, right at the beginning of the amud. The Gemara continues with the halachas of a sh'chiv mera, a dying person, that's giving a gift. The chachamim generally instituted that this gift takes effect even though it's taking effect after he passed away, and this is a gift that takes effect. Okay, there's different details about this halacha that we learned before here. The Gemara continues here and brings a machlokes between Rav and Shmuel. Itmar, we learned the following argument. Matnas sh'chiv mera, a gift of a sh'chiv mera, she'kasa b'kinyan, that it's written in the shtar of the sh'chiv mera that there was a kinyan made here. So, whether this is with a shtar that it's written, or there was actually without even a shtar, but there was a kinyan made here. Now, what kind of a matana of a sh'chiv mera are we talking about? As we learned before in the Mishnah and the Gemara, there could be a matana of a sh'chiv mera that he's giving everything away, or a sh'chiv mera that's only giving away miktzas n'chasav, part of his possessions. The Rashba Meir says, and he brings a few proofs for this, that the Gemara here is talking about a matana of a sh'chiv mera where he's giving everything away. The Gemara here doesn't say b'miktzas, it doesn't say that it was just miktzas. And also, the Rashba points out that the Gemara before in daf kuf nun alef said that when you give a matana sh'chiv mera, gives matana only b'miktzas, not everything, just a percent of his possessions, over there everybody agrees, Rav Nachman before said the

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1. 0:00Begin today to Gemara on daf kuf nun bet, right at the beginning of the amud.…
2. 2:02that he made it to ride on two horses. Meaning that the fact that you add…
3. 4:40kinyan, but you added a kinyan to what? You added a kinyan to the matana of…
4. 6:51write a shtar, here Rav says it makes it weaker. We say that maybe he only…
5. 9:29it's me up as quite high. That it's just coming to strengthen his kaya. So, first…
6. 11:36Nachman. Rav Nachman made a sign to Rava with his hands, and he and Rava was…
7. 14:10write you this should be So, one matana of a sh'chiv mera and then a second…
8. 16:10that strengthens it to be like a Matana of a body so now you can't change…
9. 18:49that even in this case, Rav holds that giving it to the first recipient strengthens it…
10. 20:59through such a Tircha to go and give him the the Shtar and make a Kinyan,…

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