Bava Metzia 39 - April 7, 28 Adar 2
This week’s learning is dedicated to Dr. Joseph Walder z"l who supported Torah study across the Jewish world. A relative is supposed to take care of the property of a relative who is taken captive or abandons their land. However, it depends on how they abandoned the land. Upon their return, the relative who tended the land receives a percentage, like a sharecropper, of the produce that will grow from their investment. Why is this different from a husband with his wife's usufruct property where once the marriage is over, he does not receive a percentage of the profits of his investment? Rav Huna ruled that a minor cannot take over his relative's property, nor can a relative take over a minor's property. Why? Are there circumstances under which the latter can be permitted? There was a woman taken captive with her daughter and left behind two daughters - one who died and left a child. Rava and Abaye disagreed about how to divide the land and who should tend to it. Later, they heard the mother had died. since it was still unclear if the daughter who had been taken captive was still alive, Rava and Abaye also disagreed about how to divide up the land. Another case is brought of Mari bar Isak who inherited land from his father and then someone came claiming to be his brother and therefore claiming 50% of the land. After demanding witnesses from the brother, the brother claimed that since Mari is a bully, no witnesses will testify against him. Rav Chisda then demanded that Mari prove that the 'brother' was not his brother. Mari brought two claims against this ruling, but Rav Chisda did not accept them.