Bava Batra 145B

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Text Excerpt

ואין השביעית משמטתה, ואין הבכור נוטל בה פי שנים.

and the Sabbatical Year does not abrogate them; and the firstborn does not take a double portion of them.

נגבית בבית דין ⁠– מאי טעמא? כמלוה דמיא. ואין בה משום רבית ⁠– דלאו אדעתא דהכי יהב ליה. ואין השביעית משמטתה ⁠– דלא קרינא ביה: ״לא יגש״.

The baraita states that gifts of groomsmen are collectible in court. What is the reason for this? It is that they are considered similar to a loan. The baraita states: And they are not subject to the prohibition of interest. The reason is that it was not with that in mind that he gave him a larger gift. Rather, he did so on account of his joy at his friend’s wedding. The baraita states: And the Sabbatical Year does not abrogate them. The reason is that one cannot read the verse concerning the abrogation of debts during the occurrence of the Sabbatical Year: “He should not exact it of his neighbor and his brother, because YHWH’s release has been proclaimed” (Deuteronomy 15:2), with regard to gifts of groomsmen. Since one cannot choose to exact the gifts until the time of one’s own wedding, they are not addressed by this verse.

ואין הבכור נוטל פי שנים ⁠– דהוה ליה ראוי, ואין הבכור נוטל בראוי כבמוחזק.

The baraita states: And the firstborn does not take a double portion from them. The reason is that they constitute potential inheritance, and the firstborn does not take in inheritance the property due the deceased as he does the property the deceased possessed.

אמר רב כהנא, כללא דשושבינותא: הוה במתא ⁠– איבעי ליה למיתא. שמע קל טבלא ⁠– איבעי ליה למיתא. לא שמע קל טבלא ⁠– איבעי ליה לאודועיה; תרעומת אית ליה, שלומי משלם.

§ Rav Kahana said: The principle with regard to the reciprocation of gifts of groomsmen is: If the recipient was in town when his groomsman wed, he should have come to the wedding, and even if he did not come, he is obligated to send the gifts of groomsmen. If he was not in town, but he was nearby and he heard the sound of the drum announcing the wedding, he should have come. If he was far away and did not hear the sound of the drum, the betrothed man should have informed him. If he did not inform him, the recipient has a grievance against the betrothed man because he did not inform him about the wedding, but he still repays the gifts of groomsmen.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.