Bava Batra 149B

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Text Excerpt

שייר קרקע כל שהוא ⁠– מתנתו קיימת. וכמה ״כל שהוא״? אמר רב יהודה אמר רב: קרקע כדי פרנסתו. ורב ירמיה בר אבא אמר: מטלטלין כדי פרנסתו.

§ The Mishnah teaches (146b): If a person on his deathbed reserved for himself any amount of land, his gift stands even if he subsequently recovers. The Talmud asks: And how much is meant by the term: Any amount? Rav Yehuda says that Rav says: This means land that is sufficient to provide for his livelihood. Since he reserved this land for himself, one can assume that he wished to transfer the rest of his property in any event. And Rav Yirmeya bar Abba says: Even if he reserved for himself movable property that is sufficient to provide for his livelihood, his gift is valid.

אמר רבי זירא: כמה מכוונן שמעתתא דסבי; קרקע טעמא מאי ⁠– דאי קאי סמיך עליה; מטלטלי נמי ⁠– אי קאי סמיך עילויהו.

R' Zeira said: How meticulous are the halakhic statements of the elders Rav Yehuda and Rav Yirmeya. With regard to land, what is the reason that he must have reserved enough for his livelihood? The reason is that if he recovers he will rely on that land for his livelihood. With regard to movable property as well, if he recovers he will rely on it for his livelihood.

מתקיף לה רב יוסף: ומאי כוונתא? מאן דאמר מטלטלין ⁠– ״קרקע״ תנן! מאן דאמר: כדי פרנסתו ⁠– ״כל שהוא״ תנן!

Rav Yosef objects to R' Zeira’s statement: What is meticulous about these statements? The statement of the one who says the gift is valid even if he reserved for himself movable property is difficult, as we learn in the Mishnah that he must leave himself land. The statement of the one who says that he must leave himself an amount sufficient to provide for his livelihood is difficult, as we learn in the Mishnah that his gift is valid if he reserved for himself any amount.

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