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1. A judge may assess something only based on how he understands it.
2. If one writes a document giving all of his possessions to his wife, it means that he has made her a guardian of his possessions.
3. It is clear that if he gave all of his possessions to his oldest son, he means to make him a guardian.
4. The Gemara asks whether this is true even when he gives all of his possessions to his youngest son.
5. If one gives his possessions to a non-relative when he could have given it to a son, he has given his possessions as a present.
A BIT MORE
1. He does not have to worry whether something will change appearance later, or previously had a different appearance (such as blood, see Nidah 20b). Similarly, he may rule on a case based only on the claims that are presented to him.
2. The Chachamim understood that such a person wants to give his wife the authority to give his sons their portions of the estate in order that his sons should honor her. However, he has not in fact given her possession of the estate.
3. He clearly presumes that he is the son most reliable for dividing the possessions among his brothers.
4. Shmuel concludes that the working assumption, in this case as well, is that he is merely a guardian.
5. If he would have meant that this non-relative should be a guardian, he would have said so. The fact that he said it is a present shows that he is indeed giving away his estate to the non-relative instead of to his sons.
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