Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 292:4

<big><strong>גמ׳</strong></big> מאן תנא דאזלינן בתר אומדנא אמר רב נחמן רבי שמעון בן מנסיא היא דתניא הרי שהלך בנו למדינת הים ושמע שמת בנו ועמד וכתב כל נכסיו לאחר ואחר כך בא בנו מתנתו מתנה רבי שמעון בן מנסיא אומר אין מתנתו מתנה (שאלמלא) היה יודע שבנו קיים לא היה כותבן

[IF, HOWEVER,] HE DID NOT LEAVE [FOR HIMSELF] SOME [PIECE OF] LAND, HIS GIFT IS INVALID<span class="x" onmousemove="('comment',' If he recovered. Since he left nothing for himself it is obvious that at the time he made the gift he did not expect to live any longer. Had he hoped to recover from his illness he would not have given away all his landed property, leaving himself destitute. ');"><sup>13</sup></span> <b><i>GEMARA</i></b>. Who is the Tanna [that holds the view] that the assumed motive<span class="x" onmousemove="('comment',' [H] lit., assumption'. 'estimation'. ');"><sup>14</sup></span> is a determining factor?<span class="x" onmousemove="('comment',' Lit., 'that we go after assumption', i.e., that the assumed motives and intentions of a testator are to be taken into consideration when deciding the legality of his 'statements In our Mishnah, the assumed motive and intention are obviously the determining factors (V., notes 3, 4); who is its author? ');"><sup>15</sup></span> — R. Nahman replied: It [is the view of] R. Simeon b. Menasya. For it was taught: In the case of [a person] whose son went to a distant country<span class="x" onmousemove="('comment',' Lit., 'country of (i.e., beyond) the sea'. ');"><sup>16</sup></span>

Teshuvot Maharam

Q. In the presence of witnesses Leah asked A to betroth her. While she was in a yard not owned by her, A threw a ring into her lap for the purpose of betrothal. The witnesses, although they saw Leah shake her dresses in order to brush the ring away, did not see whether or not the ring actually fell into her lap. Does Leah need a divorce from A?
A. Had the witnesses seen the ring fall into Leah's lap, she would need a divorce in spite of her claim that she never intended to become A's wife and that she was joking when she asked him to betroth her. For we would, then, be concerned only with facts and not with her thoughts and unexpressed intentions. But, since the witnesses did not see the ring fall into Leah's lap, and the yard where the incident took place did not belong to Leah, she needs no divorce, for no betrothal took place. R. Meir adds: If my teachers agree with my decision, all will be well. But if they do not agree I shall subscribe to whatever they decide to do. However, I should prefer not to be strict in this matter and not to require Leah to obtain a divorce, lest A become rebellious and refuse to divorce her, and lest he travel to a distant land and thus render it impossible for the unfortunate woman ever to marry again.
This Responsum is addressed to: "My teacher Rabbi Haim and his court."
SOURCES: Pr. 993: Mord. Git. 451; ibid. Kid. 548: Tesh. Maim. to Nashim. 1.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse