Bava Batra 146 - November 18, 17 Cheshvan
Description
Today's daf is sponsored by Diana Bloom in loving memory of her Zayde, Israel (Ignacio) Marmurek on his 41st yahrzeit.
Today's daf is sponsored by Rhona Fink in honor of our fellow Daf learner Elana Weinberg and her husband Rabbi Brahm Weinberg on the occasion of the Bar Mitzvah of their son Joseph Asher in Silver Spring, Maryland, Parshat Vayera, this past Shabbat. "Joseph is already following in the footsteps of his parents with his demonstration of confidence, knowledge, and humility."
After a betrothal, a groom would bring gifts to the bride called sivlonot. If the marriage was canceled, under what circumstances would the sivlonot be returned? This depends on what kinds of gifts were given (perishable or long-lasting), whether they were (small) gifts meant to be used in her father's house or (large) gifts for the couple's future home. If the groom ate in her father's home when bringing the gift, he would not be able to retrieve the gifts. What if the husband drank but did not eat, or ate outside the house, or the husband's messenger ate the food? If the groom ate less than a dinar's worth, can he claim back all the presents or only a percentage? If the gift went up in value and was then returned, who gets the enhanced value? Rava asks: If the gifts were to be consumed, but were not yet consumed when the marriage was canceled, are they returned? Almost all these questions remain unanswered.
Two stories are brought relating a situation that happened with an engaged couple. In one, the husband sent gifts and in the other, there was a rumor that the bride had no sense of smell and the groom wanted to cancel the betrothal, but he tested her to see if it was true, and it was not. Each comes to teach something unique either about Israel or about a claim a husband could make and whether it would be accepted.
Ravin ruled that even though we distinguished between perishable and non-perishable gifts, this distinction does not hold if the woman is the cause of the canceled wedding. In that case, all gifts are returned, even a bundle of vegetables.
What assumptions can be made about a declaration on one's deathbed? A distinction is made between one who gives away all of their possessions and one who only gives away part. If they gave it all away, it is assumed they thought they were dying. Therefore, if they heal, the gift is ineffective. If only part were given away, the gift would be effective. This is based on an "umdana" - an assessment of their intent. The Gemara tries to match the opinion in our Mishna to tannaim who said the same thing regarding other cases in other places to determine who is the author of the Mishna.