סקר
מסכת בבא קמא:





 

Steinsaltz

This is what Rabbi Yoḥanan said to Rabbi Shimon ben Lakish: Granted, according to my explanation of the mishna, that I say that presenting proof through the ratification of the deed is sufficient in order to enable the recipient to claim the gift, this is the reason that with regard to the incident in Bnei Brak you find the possibility that the buyers take possession of the property by ratifying the deed. It is therefore possible that the buyers held the property, and the relatives were claiming it from them. But according to you, that you say that the proof must be presented by bringing witnesses, how can you find circumstances in which the buyers take possession of the property, since they have no proof?

Rabbi Shimon ben Lakish said to Rabbi Yoḥanan: I concede to you with regard to a case where the members of the deceased’s family contested the legality of the buyers’ claim that their contesting the legality of that claim is not taken into consideration, since they are contesting the deed held by the buyers. It is therefore possible for the buyers to take possession of the property, as in this case what do the relatives say? They say that the seller was a minor. But there is a presumption that witnesses do not sign the document unless the seller has become an adult. In the mishna, by contrast, there is no presumption that counters the giver’s claim that he was on his deathbed. The recipient is therefore required to bring proof that the giver was healthy.

§ It was stated that there was a dispute with regard to the following matter: From when, i.e., from what age, can a minor sell his deceased father’s property? Rava says that Rav Naḥman says: From the time he is eighteen years old, and Rav Huna bar Ḥinnana says that Rav Naḥman says: From the time he is twenty years old. The Gemara notes: And this statement of Rava was not stated explicitly; rather, it was stated by inference.

Rabbi Zeira raises an objection from the aforementioned baraita: There was an incident in Bnei Brak involving one who sold some of his father’s property, which he had inherited, and he died, and the members of his family came and contested the sale, saying: He was a minor at the time of his death, and therefore the sale was not valid. And they came and asked Rabbi Akiva: What is the halakha? Is it permitted to exhume the corpse in order to examine it and ascertain whether or not the heir was a minor at the time of his death? Rabbi Akiva said to them: It is not permitted for you to disgrace him for the sake of a monetary claim. And furthermore, signs indicating puberty are likely to change after death, and therefore nothing can be proved by exhuming the body. Rabbi Zeira explains the objection: Granted, according to the one who says that the heir can sell the property once he is eighteen years old,

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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