Bava Batra 145 - November 17, 16 Cheshvan
Description
A contradiction was brought from a braita against the Mishna regarding returning reciprocal gifts for a wedding (shushbinim). There were three resolutions. The third established the case of the Mishna of one when the groom died and left a yabam, a brother to perform levirate marriage. When the gifts are given to the yabam, he must share them with his brothers. To raise a difficulty against this answer they compare the case to one where the groom dies after betrothal and before the marriage. Just as in that case, the money from the betrothal does not have to be returned as the woman can claim that it is not her fault that they are not getting married, likewise with the shushbinim, the family that first received gifts can claim that there is no need for them to send gifts if the groom is no longer alive since they did not rejoice with him at the wedding. However, Rav Yosef explains that the cases aren't comparable as the case with the yabam was one where the other family did join the brother's wedding before he died and rejoiced with him, but did not yet bring the gifts.
The Gemara attempts to establish that the opinion mentioned previously, that a woman does not have to return the money of the betrothal if the husband died as she can claim it was not her fault they never got married, is a subject of a tannaitic debate. However, this suggestion is rejected and the tannaitic debate is explained to be regarding a case where the woman, not the man, died and the debate is whether or not betrothal money was meant to be given and kept even if the marriage never happened. If one holds that it was not intended to be kept even if the marriage never happened, the woman's heirs would need to return the money if that was the custom in the place where they lived. That issue was not only a debate between Rabbi Natan and Rabbi Yehuda haNasi in the source quoted previously, but also can help explain a debate in a different braita between Rabbi Meir, Rabbi Yehuda and Rabbi Yossi. In the time of the amoraim, there were different opinions about whether the betrothal money would be returned or whether other gifts given from the groom to the bride were to be returned.
The five unique laws that govern the shushbinot gifts. The court can enforce its collection. It is returned only when the one who gave first gets married. There is no interest if the reciprocal gift is larger than the first. It is not canceled in the shmita year like other loans. And a firstborn would not collect a double portion if the father was owed shushbinot gifts for his sons.
If one doesn't attend the wedding, one is still obligated to bring reciprocal gifts. However, if he was not invited to the wedding, while he still needs to pay, he can hold a grievance against the person. However, since he did not eat at the wedding, he can deduct the amount he would have eaten from his gift. How is the amount of the deduction calculated?
A braita sets up various cases in which one is not obligated to return the shushbinot. In the context of that braita, they mention a public wedding (pumbi) and therefore another braita that mentions this word pumbi in a different context is brought. That braita quotes various drashot comparing one who is wealthy in different types of property to one who is wealthy in different types of Torah knowledge. What is the ideal? Rav and Rava deliberation about whether it is better to master Mishna or better to matter Talmud. They each derive their opinion from Proverbs 15:15 . Other drashot are brought on that verse which relate to middot or other things that will make a person happy or will cause them to lead an unhappy life. Some of these sources view having a happy life as a good thing whereas others do not view it in a positive light.