IS A MAN BELIEVED TO PERMIT HIS WIDOW TO REMARRY?
Reuven was about to die. (The Chazakah was that he has brothers, but not children.) They asked him 'will your wife need Yibum or Chalitzah?'
Reuven: She is fit for a Kohen Gadol. (He means only that she need not do Yibum or Chalitzah. The next line shows that he does not permit her to any Kohen.)
(Rava): He is believed. R. Chiya bar Avin cited R. Yochanan to say that a man is believed to say that he divorced his wife (and surely, that is what he means).
Question (Abaye): Rav Yitzchak bar Yosef cited R. Yochanan to say that a man is not believed to say that he divorced his wife!
Answer (Rava): We already answered this. He is believed about the future, but not about the past.
Question (Abaye): Will we rely on this answer?!
Rava (to Rav Noson bar Ami): Be stringent. (Require Chalitzah, like Abaye.)
Reuven was about to die (he was Muchzak not to have brothers). He said 'I do not have brothers.'
(Rav Yosef): We are not concerned (lest he has brothers):
Firstly, he was Muchzak not to have brothers. Also, he said 'I do not have brothers'!
Abaye: People are saying that witnesses overseas know that he has brothers!
Rav Yosef: Since there are no witnesses in front of us we are not concerned, like R. Chanina taught:
(R. Chanina): (A woman told Beis Din that she was captured, but was not defiled. She is believed.) Will we forbid her because people are saying that witnesses overseas know that she was defiled?!
Question (Abaye): We are lenient about a captured woman (because she makes herself repulsive, so her captors will not desire her). We cannot learn to be lenient to permit a woman to marry (when perhaps she needs Chalitzah)!
Rava (to Rav Noson bar Ami): Be concerned for her (Rashbam - require Chalitzah (unless you can verify that he has no brothers); some say, permit her (R. Gershom)).
THE DUBIOUS BROTHER
(Mishnah): If Reuven said 'this (Ploni) is my brother', he is not believed.
Question: What do the other brothers say?
If they admit 'he is our brother', they all divide equally!
Answer #1: They say 'he is not our brother'.
Objection (Seifa): If Ploni received property from another place (and died), all the brothers share it.
Why do the others share it? They say that he is not their brother!
Answer #2: They say 'we do not know whether he is our brother'.
(Rava): This teaches that if Shimon says 'you owe to me 100 Zuz' and Levi says 'I do not know', he is exempt. (The brothers do not know whether they must share their inheritance with him, and they are exempt.)
Rejection (Abaye): Perhaps Levi is liable. Here is different, for Reuven claims on behalf of someone else (Ploni himself did not claim).
(Mishnah): When Ploni dies, Reuven gets back what Ploni took from Reuven's share.
(Rava): If the property increased in value by itself, what is the law?
If Ploni worked to increase the value (e.g. he farmed the land and it is laden with fruit), surely it is like property he received from elsewhere (the brothers share it);
The question is when it increased in value by itself, e.g. a date tree became stronger or a river deposited soil on the land.
This question is not resolved.
THE GIFT OF A SHECHIV MERA
(Mishnah): If Reuven died, and Daitiki (gift documents of a Shechiv Mera) were tied to his thigh, we ignore them.
If Reuven said 'I give to Ploni what is written in this document', whether or not Ploni could inherit Reuven, Ploni acquires.
(Beraisa): A Daitiki is one that says 'Da Tehei l'MeiKam v'Lihyos' (this should be fulfilled, i.e. after death).
A gift (of a healthy person) is one that says 'from today and after I die.'
Question: If it says 'from now', is this not a gift?!
Answer (Abaye): It means, a gift (of a healthy person) that is like a gift of a Shechiv Mera (it does not acquire until after he dies) is one that says 'from today and after I die'.
Version #1 (Rabah bar bar Chanah citing R. Yochanan): If a Shechiv Mera said 'write and give 100 Zuz to Ploni' and died, we do not write and give after his death. Perhaps he wanted Ploni to acquire only through a document, and a document does not work after he died;
R. Elazar: This is the Halachah.
Version #2 - Rav Shizbi: R. Elazar said the law, and R. Yochanan confirmed that this is the Halachah.
(Rav Nachman bar Yitzchak): Presumably, Version #2 is correct. R. Elazar said the law and R. Yochanan confirmed it;
Had R. Yochanan said the law, we would not need R. Elazar his Talmid to confirm it!
Also, Ravin said that R. Elazar sent a message to Bavel saying this law in Rav's name, and R. Yochanan said 'it must be checked'.
Question: What does it mean 'it must be checked'? (The second teaching of Rav Dimi below will answer this question.)
Answer (Rav Dimi): A Daitiki nullifies a previous Daitiki (it does not take effect until after death, so the giver can retract. The latter Daitiki shows that he retracted from the former);
If a Shechiv Mera said 'write and give 100 Zuz to Ploni' and died, we check. If he authorized the document to help Ploni (so he will have a proof of the gift), we write and give it. If not, we do not give it.
Question (R. Aba bar Mamal - Beraisa): If a healthy person said 'write and give 100 Zuz to Ploni' and died, we do not write and give it after his death.
Inference: If a Shechiv Mera said 'write and give 100 Zuz to Ploni' and died, we write and give it (in any case)!
Answer (R. Aba bar Mamal): We write and give it only if it was to help Ploni.
Question: In what case is the document to help Ploni?