Talking Talmud

Talking Talmud

By Yardaena Osband & Anne GordonReligion & SpiritualityJudaism
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Talking Talmud episodes

  • Bava Batra 156: Old Enough to Get Married, But Not to Sell Inheritance

    A difficult opening case - checking kids for signs of puberty to b sure they're old enough to get married (and for divorce and chalitzah and a girl refusing marriage). Though why this age needs a formal check for marriage and so on, while the property transfer requires the age of 20... is an open question. Also, 2 mishnayot: Bequeathing via oral declaration, and the consequences of that being a deathbed declaration vs. the statement of a healthy person (where an oral statement doesn't work). Plus, how movable property is transferred together with land. Plus, the parallels of jewelry and thistles and a curse.

    20 min
  • Bava Batra 155: Old Enough for Business Sense

    More on the case of a possible minor as the heir who then sells the inheritance property. How old must one be to emerge from the "minor" status in this context? Physical maturity? 13? 18? 20? 35? Also, does a 14-year-old girl know the ins and outs of commercial dealing? If she does, her property transactions are valid. But why is this case about a girl? (Because it happened with regard to a girl). How much vested interest goes into the concerns of whether a sale is valid, beyond the individual's maturity? What about people's personalities? Does chutzpah indicate a lack of business sense, for example?

    19 min
  • Bava Batra 154: Sick-bed Giving (Or: Not Every Ill Person Is on His Deathbed)

    What happens when it's not clear whether a person was indeed on his deathbed? In the aftermath of determining whether his gift was valid, it becomes a matter of dispute - hinging on whether the rule of the burden of proof being on the one making a claim applies in this case. Plus, what happens when witnesses and a certification document contradict, and the person himself undermines his initial claim? Also, more on the dispute - specifically, the opinions of Rabbi Yochanan and Resh Lakish of the value of witnesses vs. a documentation, and why each is right in his position -- with interesting wrinkle, like whether one might have been a minor, and why we don't exhume the body to check.

    20 min
  • Bava Batra 153: Cursing Rava

    More on the debate between Rav and Shmuel and the possible kinyan (formal act of acquisition) on the deathbed gift. Which leads to a case of a deathbed will that implies bequeathing property, regardless of whether the person recovers -- or really only in the event that he dies. Plus, why Nehardea follows Shmuel's halakhic decisions, even when they weren't necessarily more accepted or better argued. Also, how a woman came to curse Rava, and in such a way that he couldn't get out of it. Also, a new mishnah: on the timing as a factor in the deathbed will -- plus, the parallel to the time factor in ritual impurity.

    17 min
  • Bava Batra 152: Deathbed Changes to a Deathbed Will

    When a person on his deathbed includes a formal act of acquisition in his gift under those circumstances, when that formal act is not required, given that he's on his deathbed, he's strengthening the commitment to the gift. Note that transfer of property via "shtar" - deed or document - only works while the person transferring property is alive. Also, the case of a deathbed will, and then a second one made too - the second will is the final authority. But does that make the first one "revocable"? It certainly brings us back to the dispute between Rav and Shmuel about the deathbed gifts.

    14 min
  • Bava Batra 151: A Soap Opera Daf

    The mother of Rav Zutra bar Tuviah wrote a deed giving her son all of his property, to keep it out of the clutches of Rav Zevid, whom she then married. And then they divorced. And she wants to reclaim the property she deeded to her son. But can she really get it back? Also, when one on his deathbed and bequeaths part of his property -- his gift is similar to that of a healthy person in some ways and like that of one on his deathbed in other ways. The implications, of course, especially pertain to those gifts in the event of his recovery.

    13 min
  • Bava Batra 150: Some Significance of Movable Property

    A focus on the formulation and phrasing of the deathbed scenarios, including what is specified, what is implied, and what is excluded by implication. Plus, vocabulary that includes a slave in the context of movable property. Also, the 5 gifts that have specific halakhot that require written stipulation, perhaps even on the deathbed.

    15 min
  • Bava Batra 149: A Convert, a Slave, Rava, and a Man on His Deathbed

    The case of a person on his deathbed who admits to owing money -- but maybe he doesn't really! Adding the complications -- the case of a non-Jew who converts to Judaism, and fathers a child who is born after the conversion, but whose conception had taken place prior to the conversion. Which may mean that the parenting link is not present from a halakhic consideration. Can he make a gift to one who is not eligible for inheritance? Apparently not. Plus, a case of money left in the possession of Rava, where Rava takes an avid interest in keeping hold of that money. Also, a discussion of why one would give away all his possessions on his deathbed (or hold on enough to sustain himself, in the case of recovery). What if the possessions are all given to a slave? What about when the person on his deathbed keeps back a little? Plus, how are movable objects factored in? Also, a careful reading of the mishnah is necessary to make sure its details are implemented.

    18 min
  • Bava Batra 148: Where's the Miracle? Deathbed Recoveries

    Another deathbed case - if one signs away all of his property, without reserving anything for himself in case he would recover, what happens if he seems to be rethinking his decision -- if he then dies? If he recovers? Plus, more on the cases where the person on his deathbed recovers, and the ramifications for the gifts he has made, and so on. What about one who consecrates all his possessions to the Temple on his deathbed? If he recovers, do they revert to him? Also, if he declared all of his possessions ownerless?

    18 min
  • Bava Batra 147: The Farmer's Talmudic Almanac

    When someone makes a gift from his deathbed, no formal act of acquisition is necessary for the gift to be acquired by its recipient. Plus, a discussion of the biblical sources of deathbed gifts - Hezekiah or Achitophel, with Achitophel's 3 points of advice for his children. Also, let's talk about the weather - and its implications for crops, as they follow from the Jewish holidays. Where the smoke from the Temple blowing one direction or another carried with it predictions about the upcoming season.

    17 min

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