Bava Batra 311

ולטעמיך זבין שוי חמשא בשיתא הכי נמי דזביניה זביני

And according to your reasoning,<span class="x" onmousemove="('comment',' That a child is not entitled to sell on account of a possible loss he may incur through his inexperience. ');">¹</span> [if] he sold [something] worth five for six<span class="x" onmousemove="('comment',' In which case he made a profit. ');">²</span> would his sale indeed be [legally] valid?<span class="x" onmousemove="('comment',' The Mishnah, surely, draws no distinction between sales at a profit or at a loss! ');">³</span>

אלא קים להו לרבנן דינוקא מקרבא דעתיה גבי זוזי ואי אמרת זביניה זביני זמנין דמקרקשי ליה זוזי אזיל מזבין לכולהו נכסי דאבוה אבל גבי מתנה אי לאו דהוה ליה הנאה מיניה לא הוה יהיב ליה מתנה אמרו רבנן תיהוי מתנתו מתנה דלעבידו להו מילי

But [this is the reason]: The Rabbis were well aware that a child is susceptible to the temptations of money; and if it would have been laid down<span class="x" onmousemove="('comment',' Lit., 'You said'. ');">⁴</span> [that] a sale of his is legally valid, [people] might sometimes rattle money before him [and] he would be tempted<span class="x" onmousemove="('comment',' Lit., 'go'. ');">⁵</span> to sell all the possessions of his [dead father]. In the case of a gift, however, [it is known that] had he not had [some] benefit from him<span class="x" onmousemove="('comment',' The donee. ');">⁶</span>

אמר רב נחמן אמר שמואל בודקין לקדושין לגרושין ולחליצה ולמיאונין ולמכור בנכסי אביו עד שיהא בן עשרים

he would not have presented him with a gift; the Rabbis, [therefore.] said [that] his gift shall be a [legal] gift in order that people might render him service.<span class="x" onmousemove="('comment',' Lit., 'things'. ');">⁷</span> R. Nahman said in the name of Samuel: [A youth] must be examined [to ascertain whether he has the signs of maturity]<span class="x" onmousemove="('comment',' Though he is thirteen years and one day old; or, in the case of a girl, twelve years and a day. ');">⁸</span> in respect of betrothal,<span class="x" onmousemove="('comment',' Betrothal is not legal unless the examination had revealed signs of maturity. ');">⁹</span>

וכיון דבדקנא לקדושין לגרושין למה לי לא נצרכא אלא ליבום דתנן בן תשע שנים ויום אחד שבא על יבמתו קנאה ואין נותן גט עד שיגדל

divorce, <i>halizah</i>,<span class="x" onmousemove="('comment',' V. Glos. ');">¹⁰</span> [declarations of] refusal.<span class="x" onmousemove="('comment',' A woman's refusal to live with a person to whom she was married during her minority. She can do so only before the signs of maturity have appeared. ');">¹¹</span> But in regard to the sale of the estate of his father, he cannot do so until he becomes twenty years of age.<span class="x" onmousemove="('comment',' Even if he has grown two hairs, ');">¹²</span>

לחליצה לאפוקי מדר' יוסי דאמר איש כתוב בפרשה אבל אשה בין גדולה ובין קטנה קא משמע לן דמקשינן אשה לאיש דלא כר' יוסי

But since [the youth]<span class="x" onmousemove="('comment',' The same applies, mutatis mutandis, to a young woman. ');">¹³</span> was examined in respect of his betrothal what need is there<span class="x" onmousemove="('comment',' Lit., 'why to me'. ');">¹⁴</span> [for an examination] in respect of [his] divorce?<span class="x" onmousemove="('comment',' Since he was allowed to betroth he must have been examined and found to have produced the necessary signs of maturity. ');">¹⁵</span>

ולמיאונין לאפוקי מדרבי יהודה דאמר עד שירבה שחור קא משמע לן דלא כרבי יהודה

— This [law] is required only [in the case] of a youth who married his dead brother's widow.<span class="x" onmousemove="('comment',' In such a case no formal betrothal is necessary. A boy who is over nine years of age becomes the legal husband of his dead brother's wife by the mere act of coition. If he desires, subsequently, to divorce her he must undergo an examination for signs of maturity. ');">¹⁶</span> For we learnt: [If] a boy of the age of nine years and a day had connexion with his sister-in-law,<span class="x" onmousemove="('comment',' Whose husband had died childless. ');">¹⁷</span> he has acquired her [as wife] and may not divorce her until he had attained [legal] age.<span class="x" onmousemove="('comment',' Nid. 45a; Sanh. 55b. ');">¹⁸</span>

ולמכור בנכסי אביו עד שיהא בן עשרים לאפוקי ממאן דאמר בן שמנה עשרה

'[In respect] of <i>halizah'</i><span class="x" onmousemove="('comment',' I.e., it was necessary to teach that an examination for signs of maturity is required before halizah could be allowed to be performed. ');">¹⁹</span> — to exclude [the ruling] of R. Jose who said, 'In the [Biblical] section [of <i>halizah</i>] it is written, Man;<span class="x" onmousemove="('comment',' Deut. XXV, 7. The specific mention of man implies that the male only must be of age. ');">²⁰</span> but [in the case of] a woman there is no difference between a major and a minor';<span class="x" onmousemove="('comment',' Nid. 52b; Yeb, 105b. And a girl under age may consequently participate in the ceremony of halizah. ');">²¹</span>

והלכתא תוך זמן כלפני זמן והלכתא כגידל בר מנשה

hence it was necessary to teach us that 'woman' is compared to 'man', contrary to [the view of] R. Jose. 'And [in respect of declarations of] refusal', [this had to be mentioned] in order to exclude [the ruling] of R. Judah who said: [A girl can exercise the right of refusal] until the black<span class="x" onmousemove="('comment',' I.e., the hair. ');">²²</span> predominates;<span class="x" onmousemove="('comment',' And not merely until one has grown two hairs. V. Nid. 52a. ');">²³</span>

והלכתא כמר זוטרא והלכתא כאמימר והלכתא כרב נחמן אמר שמואל בכולהו:

hence it was necessary to teach us that [the law is] not in accordance with [the view of] R. Judah.<span class="x" onmousemove="('comment',' But in accordance with the first Tanna (Nid. 52a) that her right ceases with the growth of the two hairs. ');">²⁴</span> 'And [in respect of] the sale of the estate of his father, until he becomes twenty years of age' [had to be taught] in order to exclude [the view] of him who said [the youth need only be] eighteen years of age. The law [is that during the] 'intervening period'<span class="x" onmousemove="('comment',' The twentieth year of age according to one authority; the eighteenth, according to another. ');">²⁵</span>

<big><strong>מתני׳</strong></big> המחלק נכסיו על פיו ר' אלעזר אומר אחד בריא ואחד מסוכן נכסים שיש להן אחריות נקנין בכסף ובשטר ובחזקה ושאין להן אחריות אין נקנין אלא במשיכה

[one is regarded] as being under age.<span class="x" onmousemove="('comment',' Supra 155b, q.v. for notes. ');">²⁶</span> The law [is] in accordance with Giddal b. Menashya.<span class="x" onmousemove="('comment',' That a youth of the age of thirteen and one day, who is able to carry on business transactions, may sell the estate he inherited from his father, whether it consists of movables or of real estate. ');">²⁷</span> The law [is] in accordance with Mar Zutra.<span class="x" onmousemove="('comment',' That the evidence of a youth who is unable to transact business and is of the age of thirteen and one day, is legal only in the case of a dispute on movable objects, but not in that of real estate. ');">²⁸</span> The law is according to Amemar.<span class="x" onmousemove="('comment',' That the gift made by such a youth (of the age and character described in the previous note) is legal, though a sale be contracted is invalid. ');">²⁹</span> And the law is in accordance with [what] R. Nahman said in the name of Samuel, in all [cases].<span class="x" onmousemove="('comment',' Mentioned above. In the case of betrothal, divorce, halizah and declarations of refusal, age alone is no guide unless signs of maturity also appeared. As regards the legality of the sale of an estate inherited from his Father, a youth, if be is not intelligent enough to carry on business transactions, must be twenty years of age, and must also produce signs of maturity. If at the age of twenty no signs of maturity had appeared. the youth remains legally a minor until he had obtained the age of thirty-six, unless marks of a saris had meanwhile made their appearance. ');">³⁰</span> <b><i>MISHNAH</i></b>. IF [A PERSON] DISTRIBUTED HIS POSSESSIONS VERBALLY, R. ELEAZAR<span class="x" onmousemove="('comment',' Others, R. Eliezer. ');">³¹</span> SAID, WHETHER HE WAS IN GOOD HEALTH OR DANGEROUSLY ILL, [ALL] REAL ESTATE<span class="x" onmousemove="('comment',' Lit., 'possessions which have a secure foundation. ');">³²</span> IS ACQUIRED BY MEANS OF MONEY,<span class="x" onmousemove="('comment',' Which the buyer pays for the land. ');">³³</span> DEED<span class="x" onmousemove="('comment',' Setting out and confirming the sale. ');">³⁴</span> AND POSSESSION,<span class="x" onmousemove="('comment',' The buyer performs some kind of work on the land purchased. ');">³⁵</span> WHILE MOVABLE OBJECTS<span class="x" onmousemove="('comment',' Lit., 'possessions which have no secure foundation'. ');">³⁶</span> ARE ONLY ACQUIRED BY MEANS OF PULLING.<span class="x" onmousemove="('comment',' Heb., meshikah, v. Glos, R. Eleazar is of the opinion that a dying man's verbal instruction has no more legal force than that of a person in good health. Hence, unless legal acquisition took place, the donee acquires no possession even if the donor died; and in case of recovery, the donor may retract even where only a part of his estate had been given away. ');">³⁷</span>