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|BAVA BASRA 136 (13 Sivan) - Dedicated by Elliot and Lori Linzer to commemorate the Yahrzeit of Chaim Yoseph ben Ephraim Henoch ha'Levi z'l.|
1. The Mishnah discusses proper planning for a man with an estate who is entering a second marriage.
2. There is a dispute about how he should express (before he marries his second wife) that his possessions should be given to his sons.
3. Rebbi Yosi: He does not have to say, "from today."
4. In such a case (1-3 above), the father may no longer sell his property.
5. There is a dispute about whether a person who buys the rights to the fruit of a field reads Parshas Bikurim upon bringing Bikurim.
A BIT MORE
1. The Mishnah discusses what a man should do if he wants to ensure that his possessions will not be collected by his second wife (instead of his children) after he dies.
2. Rebbi Yehudah: He must write that his children be given his estate "from today and after I die." This means that his children are given the land, but not the fruits, already today (as one cannot give a present which will take effect only after he dies), and he is able to eat the fruits of his land until he dies, at which time his children (and not his second wife) will inherit the rights to the fruits.
3. This is because the date on the present document indicates that he gave the gift on that day, even if he did not explicitly state, "from today."
4. Similarly, during the father's lifetime the son cannot sell the property because the father is entitled to the fruits of the land during his lifetime.
5. Rebbi Yochanan: He reads Parshas Bikurim, because acquiring the fruit is akin to acquiring the field, and thus he may say the words, "the land that you gave me." Reish Lakish: He does not read Parshas Bikurim, because acquiring the fruit is not akin to acquiring the field, and thus he may not say the words, "the land that you gave me."
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