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Laws of Gifts
Property Law
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A
§
Rav Yehuda says
that
Shmuel says:
A person on his deathbed
who writes
a document granting
all his property to his wife has merely rendered her a steward.
The assumption is that he did not intend to deprive his heirs of their entire inheritance. Rather, he intended to appoint her as a steward in charge of the property, so that the heirs will honor her. The Gemara discusses similar cases: It is
obvious
that if one writes a document granting all his property to
his adult son,
he does not intend to give him the entire inheritance…
Bava Batra 131b:5-133a:2
§
Rav Yehuda says:
With regard to
this
document detailing
a concealed gift, we do not collect with it.
The Gemara clarifies:
What are the circumstances
of
a concealed gift? Rav Yosef said:
It is referring to a case in
which
the giver
said to witnesses: Go
and
hide and write
a document
for
the recipient of this gift.
And there are
those
who say
that
Rav Yosef said:
It is referring to a case in
which
the giver
did not say to
witnesses:
Sit outdoors in the marketplace and write
it
for him…
Bava Batra 40b:4-8
§ The mishna teaches: With regard to
a wife who enhanced the property
of her deceased husband,
she enhanced
it so that the profit goes
to the middle.
The Gemara asks:
What is
the deceased’s
wife doing with
the
orphans’ property?
What rights does she have to the property?
Rav Yirmeya said:
The mishna is referring
to a wife
who is
an heiress,
e.g., if she were the daughter of her husband’s brother, and both brothers died without leaving sons, in which case she inherits in her father’s stead…
Bava Batra 144a:3-9
MISHNA:
It was common practice for friends of a groom to give him gifts in order to help cover the expenses of the wedding feast. These gifts are known as gifts of groomsmen, and would be reciprocated in turn. While the groom and the groomsman were at times the recipient and the giver of the gifts, respectively, the gifts were at times provided by the father of the groomsman and received by the father of the groom. In the case of
brothers, some of whom brought gifts of groomsmen in their father’s lifetime,
which were provided by their father…
Bava Batra 144b:7-145a:2
And Shmuel said
his ruling
in accordance with
the opinion of
Rabbi Elazar, who said
that
witnesses of the transmission effect
the transaction, i.e., the act of transferring the legal document to the beneficiary causes the transaction to take effect. Therefore, the fact that the two documents bear the same date is of no consequence because the documents were presumably not given to their beneficiaries simultaneously, and the property belongs exclusively to the individual who received his document first. Consequently, there is no reason to divide the property…
Ketubot 94b:1-10
§ The
baraita
teaches that
Rabban Shimon ben Gamliel says:
In the case of
one who gives a gift
of land
to another, and
the recipient
returned the deed to him, his gift
of land
returns
to him as well.
But the Rabbis say: His gift
of land
remains
in the possession of the recipient. The Gemara asks:
What is the reason
for the opinion
of Rabban Shimon ben Gamliel? Rav Asi says: It becomes as
if the giver
said to
the recipient:
This field is given to you
only
as long as the deed
remains
in your possession…
Bava Batra 169b:12
Rav Yosef bar Minyumi says
that
Rav Naḥman says: In every place where they were accustomed to return
the betrothal money,
they return
it.
And the interpretation
of this statement is that it is referring to
Neharde’a.
The Gemara asks: With regard to
the rest of Babylonia, what
is the
halakha
?
Rabba and Rav Yosef both say:
The
presents are returned
and the
betrothal
money
is not returned. Rav Pappa said: The
halakha
is that
whether he died
or
whether she died or
whether
he retracted
his…
Bava Batra 145a:13-145b:7
§
Rava says
that
Rav Naḥman says:
If one said to another:
This ox is given to you as a gift on the condition that you return it to me,
and the recipient
consecrated it and
then
returned it
to him,
it is consecrated and returned.
The consecration takes effect, and although the owner may not use it, nevertheless it is considered returned and the condition is fulfilled.
Rava said to Rav Naḥman: What did he return to him?
The ox was not returned to the possession of the giver, as it is consecrated…
Bava Batra 137b:8-138a:1
Apropos minors,
Rav Yehuda says
that
Rabbi Asi says:
If one gives a child
a pebble and he throws it
away and one gives him
a nut and he takes it,
he is capable of distinguishing between items of value and worthless items, and
he acquires
property
for himself but does not acquire
property
on
behalf of
others.
If the child develops to the extent that he is given
an item and he returns it
to its owners
later,
because he understands the concept of ownership…
Gittin 64b:9
§ The mishna teaches: If he sent
a few presents for her to use while in her father’s house,
they are not collected.
Ravin the Elder was sitting before Rav Pappa and he was sitting and saying: Whether she died, or whether he died,
or whether
he retracted
his agreement to the betrothal and divorced her, the
presents return
to the betrothed man or his heirs, but
food and drink do not return.
If
she retracted
her agreement to the betrothal and requested a divorce,
even a bundle of vegetables returns
to the betrothed man…
Bava Batra 146b:2
Rav Naḥman bar Yitzḥak explains:
And do not say
that this is only
according to the one who says
in general that
betrothal
money
was not given
with the understanding that it is
to be lost,
that is, the money was handed over only for the purpose of betrothal and it must be returned if the betrothal is canceled.
Rather,
say that this is
even according to the one who says
that in the case of
betrothal
money that
was given to be lost, this applies only
to
a betrothal
whose status is
certain…
Ketubot 76b:4
Similarly, with regard to
one who says: I gave such and such a field to so-and-so, and
the supposed recipient
says: He did not give me
it, then
we are concerned that perhaps he transferred
the field
to him through another
person without the recipient being aware of this, and the field becomes his. However, if one says:
I wrote and gave to him
a document stating that I am giving him the field,
and
the supposed recipient
says: He did not write
it
and did not give me
a document stating that he is giving me the field…
Gittin 40b:6-8
The Gemara asks:
And
is it true that documents
cannot
be acquired through words?
But doesn’t Rabba bar Yitzḥak say
that
Rav says: There are two
types of
documents.
The first type is where one says to others:
Take possession of this field for so-and-so and write the document for him
as proof of the sale of the field. In this case,
he may renege with regard to the document,
i.e., he may change his mind and tell them not to write it.
But he may not renege with regard to the field,
as the buyer has already acquired it…
Bava Batra 77a:2-3
as Rav said:
In that case,
they should divide
the property between them,
and Shmuel said:
It is decided based on the
discretion [
shudda
] of the judges.
Why in the seemingly equivalent case of a dispute where there is no evidence for either litigant did Rav Naḥman rule that whoever is stronger prevails? The Gemara answers:
There,
in the case of the two deeds, it will
not be
possible for the court
to clarify the matter
in the future, and therefore, the court issues a ruling according to the information they currently have…
Bava Batra 35a:1
The Gemara asks:
What is
the difference
between
the explanations offered by Abaye and Rava? The Gemara answers: There is a practical difference
between them
in the case of
an agent
appointed to write a deed of
a gift, and
their disagreement is parallel
to the dispute of Rav and Shmuel. Rav says:
A deed of
gift is not like a bill of divorce,
as the gift giver does not care who writes the deed. Since it is not degrading to him if another agent writes the deed of gift instead of the agent that he appointed, the agent may appoint another agent…
Gittin 29a:16
Rather,
the Gemara retracts the previous explanation in favor of that which
Mar Zutra said: These three matters were instituted by the Sages as a
halakha
without a reason,
i.e., they instituted these ordinances despite the fact that the logical mechanism by which they function is unclear:
One
is
this
case of an acquisition in the presence of all three parties.
And another
is
that
which
Rav Yehuda says
that
Shmuel says: One who writes
over
all of his property to his wife
as a gift has
rendered her only a steward…
Gittin 14a:4
§ The Gemara cites additional incidents concerning a gift whose method of division was not specified: There was
a certain
man
who sent swaths of silk to his home
as a gift.
Rabbi Ami says
that in such a case,
those
swaths that are
suitable for
the
sons’
garments are given
to the sons,
and those that are
suitable for
the
daughters’
garments are given
to the daughters.
The Gemara comments:
We said this only when he does not have daughters-in-law, but if he has daughters-in-law…
Bava Batra 143b:4
MISHNA:
In the case of
one who was married
to
three women and died
and
the marriage contract of this
wife was for
one hundred dinars and
the marriage contract
of this
second wife was for
two hundred
dinars,
and
the marriage contract
of this
third wife was for
three hundred,
and all three contracts were issued on the same date so that none of the wives has precedence over any of the others,
and
the total value of the estate is
only one hundred dinars,
the wives
divide
the estate
equally.
…
Ketubot 93a:3-16
§
It was stated
that in a case of
two deeds that are issued,
i.e., dated,
on the same day,
e.g., where an individual gave or sold the same item to two different people,
Rav said: They divide
it between them, as it is impossible to determine who it belongs to,
and Shmuel said:
The item is awarded according to
the discretion [
shuda
] of the judges.
Ketubot 94a:13
When a person gives a gift to a colleague, the recipient does not acquire it until he takes possession through one of the legal processes by which a purchaser takes possession of a purchase.
If the giver desires to give him movable property, the recipient must lift up the article, perform
meshichah
on an article that one would not ordinarily lift up, or acquire that article through one of the other means through which movable property is acquired.
If he is giving him landed property or servants…
Mishneh Torah, Ownerless Property and Gifts 3-7
Property Law
דיני רכוש
Laws of the Release of Loans
Laws of Selling Ancestral Fields
Laws of Selling Property in a Walled City
Laws of the Methods of Acquisition
Laws of Retraction of a Transaction before its Completion
Laws of Cancellation of a Transaction and the Seller's Responsibility
Stipulations of a Purchased Acquisition
Intent of the Seller and the Purchaser
Laws of Ownerless Property
Laws of Gifts
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