REVACH L'DAF
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SUMMARY
Rav: If one sells an item to his friend on condition that he will not make a claim of Ona'ah, the condition is void. Shmuel: The condition is valid.
Raban Shimon ben Gamliel: A husband inherits his wife mid'Oraisa, and thus a condition that negates the inheritance is void.
Rav: A husband inherits his wife mid'Rabanan, and the Chachamim gave it a status of mid'Oraisa. (1)
Rebbi Yochanan ben Berokah: If a husband inherits a cemetery from his wife, he must return it at Yovel. (2)
If one sells his burial plot, the family members may forcefully take it back and bury the original owner there.
Rebbi Tarfon: If one owed money for a loan and for a Kesuvah, and his money was with a third party at the time of his death, the money is given to the "Koshel." (3)
Rebbi Akiva: Even if the money was with a third party at the time of death, it is not used to pay the Ba'al Chov. Rather, it is given to the heirs.
There is a dispute about whether the "Koshel" of Rebbi Tarfon is the debtor with the latest dated Shtar, or whether it is the Kesuvah. (4)
Rebbi Tarfon: If one had debts for a Chov and for a Kesuvah, and he died and left over fruit, whoever seizes it first may keep it. (5)
If the Ba'al Chov or the widow seized more than the value of their Chov, the surplus is given to the "Koshel," according to Rebbi Tarfon.
Rebbi Akiva: Even if the Ba'al Chov or the widow seizes the fruit, it is given to the heirs. (6)
Rebbi Akiva: Tefisah (seizing) prior to the death of the debtor is effective.
Rav and Shmuel: Even according to Rebbi Tarfon, Tefisah after the death of the debtor is effective only if the object is in the Reshus ha'Rabim. (7)
Rebbi Yochanan and Reish Lakish: Tefisah is effective even if the object is in an alleyway.
If a judge overlooked an explicit Mishnah or Gemara in his ruling, the judgment is overturned.
The Halachah follows the opinion of Rebbi Akiva when he argues with a Yachid.
If the Ba'al Chov claims that he was Tofes the property while the debtor was still alive, he is believed with a Migu. (7)
Reish Lakish says that a Chazakah on animals is not effective.
If a Shali'ach is Tofes an object for a Ba'al Chov when there are other Ba'alei Chovos, the Tefisah is not valid.
A BIT MORE
1. Therefore, even though the inheritance is only mid'Rabanan, the husband may not make a condition that forfeits his inheritance.
2. He must return it because it is a disgrace for the family that someone is using their family's cemetery. Although the husband may demand payment for it, he must subtract the cost of his wife's burial plot from the payment because he is obligated to pay for the cost of his wife's burial.
3. According to Rebbi Tarfon, the money is given to pay off debts instead of to the heirs. Even though, normally, debts may not be collected from heirs (unless the debtor left Karka and the Ba'al Chov makes an oath), in this case -- since the money was with a third party at the time of his death -- it is regarded as a "Tefisah" and it may be collected without an oath.
4. According to one opinion, the person with the latest date on his Shtar is the one who collects, because he will have the most difficulty collecting from any other source. According to another opinion, the money is used to pay the Kesuvah for the reason of "Cheina" -- we want to make it easier for a woman to collect her Kesuvah so that women will not be reluctant to get married out of fear that they will be unable to collect their Kesuvah.
5. If the heirs seize it, they keep it and do not have to pay off the debts with it, because Metaltelin (movable goods) cannot be collected from heirs.
6. Rebbi Akiva maintains that Tefisah (seizing) after death is not effective. Therefore, it is given to the heirs and may never be collected by the Ba'al Chov, because Metaltelin (movable goods) may not be collected from heirs.
7. If it is in the Reshus ha'Rabim at the time of his death, the heirs do not immediately acquire it because a Reshus ha'Rabim is not a place for a Kinyan. Therefore, the Tefisah of the Ba'al Chov is effective. However, if the fruit is in a Simta (alleyway), the heirs immediately acquire it and Tefisah does not help.
7. If there are no witnesses that he was Tofes the object, he is believed with a Migu that he could have said that he bought the object instead of saying that he took it as payment for his debt.
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BRIEF INSIGHT
RETURNING FIELDS AT YOVEL
Rebbi Yochanan ben Berokah says that if a husband inherits a cemetery from his wife, he must return it at Yovel because it is a disgrace for the family that someone is using their family's cemetery. The Ritva asks: If it is a disgrace for the family, why does it not have to be returned until Yovel? The Ritva answers that even though it is a disgrace for the family for the cemetery to be in somebody else's hands, since the husband legitimately inherited the field from his wife the Chachamim did not want to take away something that is rightfully his. However, at Yovel when all purchased fields are being returned, the Chachamim obligated the husband to return the inherited cemetery as well. However, if one purchases a cemetery he must return it immediately, even prior to the Yovel, because he should not have bought it in the first place, since it is something that will cause a disgrace to the family.
QUICK HALACHAH
A CHAZAKAH ON METALTELIN
Even though one who is Muchzak on Metaltelin is believed if he says that he owns it, regarding an animal one is not believed if he says that he owns it even though he is Muchzak on it. The reason is that since animals move about on their own, perhaps this animal entered his property, or perhaps he took the animal from the road. Therefore, if the claimant has witnesses that it belongs to him, he makes a Shevu'as Heses and he may take it. (Shulchan Aruch CM 135:1)
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