Bava Batra 288

<big><strong>מתני׳</strong></big> אחין השותפין שנפל אחד מהן לאומנות נפל לאמצע חלה ונתרפא נתרפא משל עצמו:

<b><i>MISHNAH</i></b>. IF ONE OF THE BROTHERS WHO ARE PARTNERS [IN THE INHERITED ESTATE]<span class="x" onmousemove="('comment',' I.e., before the estate has been divided between them. ');">¹</span> WAS APPOINTED<span class="x" onmousemove="('comment',' Lit., 'fell'. ');">²</span> TO A GOVERNMENT POST<span class="x" onmousemove="('comment',' [H] Lit., 'handicraft', 'trade' 'workmanship': a form of compulsory service exacted by the Roman government from different households in turn. Barth, J., Etym. Studies 60, connects the word with Assyrian umanate, 'troop'. 'army'. ');">³</span> THE INCOME FROM THE APPOINTMENT IS TO BE EQUALLY DIVIDED BETWEEN ALL THE BROTHERS.<span class="x" onmousemove="('comment',' Lit., 'he fell for the middle or common funds'. Since his appointment is due to his membership of the family all its members are entitled to its benefits, (v. however n. 7 and 9 infra). ');">⁴</span>

<big><strong>גמ׳</strong></big> תנא האי אומנות לאומנות המלך תנו רבנן אחד מן האחין שמינוהו גבאי או פולמוסטוס אם מחמת האחין לאחין אם מחמת עצמו לעצמו

[IF ONE OF THEM] CONTRACTED A DISEASE AND HAD HIMSELF CURED, THE [EXPENSES OF THE] CURE [MUST BE DEFRAYED] OUT OF HIS OWN. <b><i>GEMARA</i></b>. A Tanna taught: The appointment<span class="x" onmousemove="('comment',' V. note 3. ');">⁵</span> [in our Mishnah means] a government appointment.<span class="x" onmousemove="('comment',' In the case. however, of a private appointment, the earnings belong to himself. ');">⁶</span> Our Rabbis taught: [In the case where] one of the brothers was appointed [tax] collector or overseer,<span class="x" onmousemove="('comment',' [H] Polemostos. Thus Rashb. and R. Gersh. 'soldier'(R. Han.). 'Manager' or 'commissioner (Jast.) reading epimletes. [H] [G][The word is also explained as Politeuomenos=Decurio, and we have here a reference to the heavy expenses which were attached to the office of Boule under the Roman government, the question under consideration being in the case when a brother is called upon to represent his brothers, living with him on the common estate of their father, on the Boule, whether the expenses involved are to he borne by all or by the brother thus nominated alone. V. Buchler, op.cit., 40.] ');">⁷</span>

אם מחמת אחין לאחין פשיטא לא צריכא דחריף טפי מהו דתימא חורפיה גרים ליה קא משמע לן

if [the appointment was] due to the brothers<span class="x" onmousemove="('comment',' I.e., if such government appointments are made from every family in turn. ');">⁸</span> [the income<span class="x" onmousemove="('comment',' Or expenses involved ');">⁹</span> belongs] to the brothers; if [the appointment was] due to himself<span class="x" onmousemove="('comment',' To his own merits or attainments. ');">¹⁰</span> [the income belongs] to himself. 'If [the appointment was] due to the brothers', [it was said). [the income belongs] to the brothers'; [is not this] obvious! — This is required only [in the case] where he is exceptionally' smart [since] it might have been said [that] his smartness had caused him [to receive the appointment].it was necessary to teach us [that this is not so].

תנו רבנן אחד מן האחין שנטל מאתים זוז ללמוד תורה או ללמוד אומנות יכולין האחין לומר לו אם אתה אצלנו יש לך מזונות אם אין אתה אצלנו אין לך מזונות

Our Rabbis taught: [If] one of the brothers took [from an inherited estate]<span class="x" onmousemove="('comment',' Before it had been divided. ');">¹¹</span> two hundred <i>zuz</i> to study Torah or to learn a trade. the brothers can tell him:<span class="x" onmousemove="('comment',' If he expects maintenance from them while he is away from home in pursuit of his studies or trade. ');">¹²</span> 'If you are with us you [can] have [your] maintenance; if you are not with us. you [can] have no maintenance'. But let them give [it] to him wherever he is? — This [is proof] in support of R. Huna. For R. Huna said, 'The blessing of a house [is proportionate] to its size'<span class="x" onmousemove="('comment',' Keth. 101a. The more the members of a household the cheaper the cost of living. The absent brother has consequently saved little by his departure while the amount he requires for his maintenance is incomparably higher than what would have been the case had he remained with the family. ');">¹³</span> Then let them give him according to the blessing of the house!<span class="x" onmousemove="('comment',' I.e., if the full cost of his maintenance has not been saved by his departure. let that portion of it which is being saved be given to him. ');">¹⁴</span>

וליתבו ליה כל היכא דאיתיה מסייע ליה לרב הונא דאמר רב הונא ברכת הבית ברובה וליתבו ליה לפי ברכת הבית הכי נמי:

— That is so.<span class="x" onmousemove="('comment',' He does get that portion. ');">¹⁵</span> [IF ONE OF THEM] CONTRACTED A DISEASE AND HAD HIMSELF CURED, THE [EXPENSES OF THE] CURE [MUST BE DEFRAYED] OUT OF HIS OWN. Rabin sent in the name of R. El'a: This applies only<span class="x" onmousemove="('comment',' Lit., 'they did not teach but'. ');">¹⁶</span> [to the case] where he contracted the disease through [his own] negligence. but [if] by accident the [cost of the] cure is [defrayed] from the common funds. What is meant by negligence? — As R. Hanina [taught]. For R. Hanina said:<span class="x" onmousemove="('comment',' B.M. 107b; A.Z. 3b: Keth. 30a. ');">¹⁷</span> Every' thing is in the power of heaven except [illness through] cold [or] heat; for it is said, Cold [and] heat<span class="x" onmousemove="('comment',' Heb., Pahim. [H] (Cf. [H], coal). Others render zinim pahim, [H] 'blowing cold winds'. (Cf. [H], cold and [H] blow) ');">¹⁸</span>

חלה ונתרפא נתרפא משל עצמו: שלח רבין משמיה דר' אלעא לא שנו אלא שחלה בפשיעה אבל באונס נתרפא מן האמצע היכי דמי בפשיעה כדרבי חנינא דאמר רבי חנינא הכל בידי שמים חוץ מצנים פחים שנאמר (משלי כב, ה) צנים פחים בדרך עקש שומר נפשו ירחק מהם:

are in the way of the froward. he that keepeth his soul holdeth himself far from them.<span class="x" onmousemove="('comment',' Prov. XXII, 5 E.V., Thorns and snares are in the way etc. ');">¹⁹</span> <b><i>MISHNAH</i></b>. IF SOME OF THE BROTHERS HAVE BESTOWED GIFTS AS GROOMSMEN<span class="x" onmousemove="('comment',' Groomsmen (shoshbinin). in addition to acting as best men or companions of the groom, also brought him presents (shoshbinuth). Their services and gifts were reciprocated on the occasion of their marriages. [On shoshebin, V. Krauss, TA. II, 458. He connects it with [H] 'twig' and 'branch', alluding to the myrtles which formed a feature of marriage ceremonies. and which were entrusted to the shoshebin. Cf. [G].] ');">²⁰</span> IN THE LIFETIME OF [THEIR] FATHER<span class="x" onmousemove="('comment',' Who defrayed the cost of the presents. ');">²¹</span> [WHEN] THE WEDDING GIFTS ARE RECIPROCATED<span class="x" onmousemove="('comment',' On the occasion of the marriage of one of the sons after their father's death. ');">²²</span>

<big><strong>מתני׳</strong></big> האחין שעשו מקצתן שושבינות בחיי האב חזרה שושבינות חזרה לאמצע שהשושבינות נגבית בבית דין אבל השולח לחבירו כדי יין וכדי שמן אין נגבין בב"ד מפני שהן גמילות חסדים:

THEY REVERT TO THE COMMON FUNDS OF THE ESTATE; FOR [THE RECIPROCATION OF] WEDDING GIFTS MAY BE CLAIMED THROUGH A COURT OF LAW.<span class="x" onmousemove="('comment',' The gifts are consequently regarded as a loan and as part of the common estate. ');">²³</span> IF, HOWEVER, ONE HAS SENT TO HIS FRIEND JARS OF WINE OR JARS OF OIL,<span class="x" onmousemove="('comment',' As an ordinary gift: not as that of a shoshbin. ');">²⁴</span> HE CANNOT CLAIM THEM<span class="x" onmousemove="('comment',' Lit.. 'they cannot he collected'. ');">²⁵</span> THROUGH A COURT OF LAW, BECAUSE [THE PRESENTATIONS OF] SUCH [GIFTS] ARE [MERE ACTS OF] LOVINGKINDNESS.<span class="x" onmousemove="('comment',' The recipient does not incur any liability'. ');">²⁶</span>

<big><strong>גמ׳</strong></big> ורמינהי שלח לו אביו שושבינות כשהיא חוזרת חוזרת לו נשתלחה לאביו שושבינות כשהיא חוזרת חוזרת מן האמצע אמר רבי אסי א"ר יוחנן כי תנן נמי מתניתין נשתלחה לאביו תנן

<b><i>GEMARA</i></b>. A contradiction was raised: [If] his father had sent [through] him<span class="x" onmousemove="('comment',' His son who was a shoshebin. ');">²⁷</span> a wedding gift. the reciprocated gift returns to him.<span class="x" onmousemove="('comment',' His son who was a shoshebin. ');">²⁷</span> [If] a wedding gift was sent<span class="x" onmousemove="('comment',' By a shoshbin. ');">²⁸</span> to his father, the reciprocated gift<span class="x" onmousemove="('comment',' That is sent after the father's death on the occasion of that groomsman's marriage. ');">²⁹</span>

והא אחין שעשו מקצתן שושבינות קתני תני למקצתן והא חזרה שושבינות קתני ה"ק חזרה לגבות נגבית מאמצע

is to be returned<span class="x" onmousemove="('comment',' A reciprocated wedding gift being regarded as a loan. (V supra note 3), it is the duty of the orphans to repay it as any other of the debts of their father. ');">³⁰</span> from the common funds!<span class="x" onmousemove="('comment',' From the first part of this Baraitha it follows that a reciprocated wedding gift belongs to the son through whom the father had sent the original gift; how, then, could it be stated in our Mishnah that a reciprocated gift reverts not to the son but to the common estate? ');">³¹</span> — R. Assi replied in the name of R — Johanan: Our Mishnah also speaks<span class="x" onmousemove="('comment',' Lit., 'when we learnt'. ');">³²</span> [of the case where the gift] was sent to his father. But, surely it was stated, IF SOME OF THE BROTHERS ACTED AS GROOMSMEN! — Read, 'TO SOME'.<span class="x" onmousemove="('comment',' I.e., when a gift sent in return for the one made by their father reached them. ');">³³</span>

רבי אסי אמר לא קשיא כאן בסתם כאן במפרש כדתניא שלח לו אביו שושבינות כשהיא חוזרת חוזרת לו שלח אביו שושבינות סתם כשהיא חוזרת חוזרת לאמצע

But. Surely. it was taught. [WHEN] THE WEDDING GIFTS ARE RECIPROCATED! — It means this: [When] it has to be reciprocated, it is returned from the common funds. R. Assi said: There is no difficulty:<span class="x" onmousemove="('comment',' Even if the meaning of the Mishnah is taken as it is read. ');">³⁴</span> Here<span class="x" onmousemove="('comment',' In our Mishnah. ');">³⁵</span> [it is a case] where [the father] did not specify;<span class="x" onmousemove="('comment',' Which son was to act as shoshbin (R. Gersh.) Hence. the reciprocated gift reverts to the common estate. ');">³⁶</span> here<span class="x" onmousemove="('comment',' In the cited Baraitha. ');">³⁷</span>

ושמואל אמר הכא ביבם עסקינן שאינו נוטל בראוי כבמוחזק

[it refers to the case] where he did specify; as It was taught: If his father sent wedding gifts [through] him,<span class="x" onmousemove="('comment',' One of his sons. ');">³⁸</span> the reciprocated gift belongs to him.<span class="x" onmousemove="('comment',' The son who acted as shoshbin. ');">³⁹</span> If his father. [however.] sent wedding gifts without specifying [which son was to take them], the reciprocated gift reverts to the common estate.<span class="x" onmousemove="('comment',' Though one of the sons had acted as the shoshbin and carried the presents. ');">⁴⁰</span> And Samuel explained: Here<span class="x" onmousemove="('comment',' Our Mishnah according to which the reciprocated gift reverts to the common estate. ');">⁴¹</span>

מכלל דאידך משלם לימא תנו לי שושביני ואשמח עמו

it is a case of a levir<span class="x" onmousemove="('comment',' The husband's brother, who, in accordance with Deut. XXV, 5, married the widow of his brother who died childless and who, had he been alive, would have been entitled as shoshbin to the reciprocated gift. ');">⁴²</span> who is not [entitled] to receive the prospective possessions<span class="x" onmousemove="('comment',' The reciprocated gift is the prospective property of the dead brother, which the brother who married his widow cannot inherit, though he inherits all property that was in his brother's possession prior to his death. ');">⁴³</span> of his dead brother' as those which he already possessed.<span class="x" onmousemove="('comment',' Hence the gift reverts to the common estate. ');">⁴⁴</span> Does this then imply that the other<span class="x" onmousemove="('comment',' The original recipient of the gifts from the dead brother. ');">⁴⁵</span>

מי לא תניא מקום שנהגו להחזיר קדושין מחזירין מקום שנהגו שלא להחזיר אין מחזירין ואמר רב יוסף בר אבא אמר מר עוקבא אמר שמואל לא שנו אלא שמתה היא אבל מת הוא אין מחזירין מ"ט יכולה היא שתאמר

must repay;<span class="x" onmousemove="('comment',' To the heirs of him who presented him with the gifts. ');">⁴⁶</span> [why could] he [not] say. 'Give me my <i>shoshbin</i> and I will rejoice with him'?<span class="x" onmousemove="('comment',' He should only be expected to reciprocate, i.e., to act as best man for his friend as the latter had acted for him, but not to send presents to heirs who have no claims on him. ');">⁴⁷</span> Has it not been taught. 'Where it is the custom to return<span class="x" onmousemove="('comment',' In the case where the bride died before the marriage took place (as explained infra). ');">⁴⁸</span> the [token of] betrothal<span class="x" onmousemove="('comment',' The token of betrothal, consisting of money or any object of value, which the man gives to the woman at betrothal, whereby the union was legalised. ');">⁴⁹</span> it [must] be returned, [and] where the custom is not to return. it [need] not [be] returned'; and R. Joseph b. Abba said in the name of Mar 'Ukba in the name of Samuel, 'This applies only to the case<span class="x" onmousemove="('comment',' Lit., 'they did not teach but'. ');">⁵⁰</span> where she died but [where] he died it [need] not [be] returned. What is the reason? Because she can say: