Talmud su Levitico 22:19

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written⁴⁸⁶Since proving title is difficult without a written deed, the buyer has no intention of accepting title without the deed. Therefore, transfer of possession is possible only by delivery of the deed unless one explicitly stipulates otherwise. In the Babli, 26a, this is a statement of Rav (Rebbi Abba bar Ayvo).. Rebbi Jonah and Rebbi Yose disagree⁴⁸⁷Since they are the collectors of the material in the Yerushalmi, their opinion is accepted as practice; it is not mentioned in the Babli for whom Samuel is the deciding authority in civil law.. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied⁴⁸⁸He was occupied in slaughtering profane animals when he also slaughtered an animal dedicated as sacrifice without realizing it. Is this valid slaughter? The scenario is really impossible since the slaughter of profane animals is forbidden in the holy precinct, as is the slaughter of sacrifices outside. A Temple slaughterer has to learn his trade outside the holy precinct.? He answered, “for your intention⁴⁸⁹Lev. 22:19. Babli Ḥulin 13a,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale⁴⁹⁰Is a deed valid if it formulates a gift in the language of a fictitious sale? Starting here there is a shortened version, formulated differently, in Baba batra 8:5.? He answered, he made it ride on two racing horses; Rebbi Abba⁴⁹¹Since Rav was Rav Huna’s teacher, this reference must be to Rav, in whose name the expression is quoted in Babli Baba batra 152a. said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand⁴⁹²Since sale and gift follow different rules, a gift formulated as sale is invalid.. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift⁴⁹³The seller is required to indemnify the buyer if the latter loses his land because of foreclosure of a mortgage owed by the seller. A gift is given without such guarantee.; the seller did not sell everything but the giver of a gift gave everything⁴⁹⁴A sale document is interpreted minimally: the seller of a parcel is not presumed to have sold a cistern or any other building on the parcel unless it be mentioned in the deed (Mishnah Baba batra 4:2; cf Tosaphot Qiddušin26a s. v. ולמה), but a gift document is interpreted maximally. In this interpretation of Rav, confirmed by the Babli Baba batra 152a, the holder of the deed is doubly privileged. In the Babli, Samuel is quoted as being unable to decide whether the deed is judged as sale or gift. Since Samuel is quoted as disagreeing, he must hold with R. Abba that if a deed is intended, only the deed will transfer possession.. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession⁴⁹⁵If the first time he stated that the person designated should be his heir, the latter will inherit if the dying person made it clear that the deed will only be written as proof of title, not as means of transfer of property.. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death⁴⁹⁶If the document was a deed, not a will, intended to convey possession but not delivered during the donor’s lifetime, it cannot be delivered after death (Babli Baba batra 135b).. Who would notify the greatness⁴⁹⁷If the donor intended his orally conveyed gift to convey possession, how can the recipient prove his title?? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors⁴⁹⁸In this case, the legal heirs.; the burden of proof is on the claimant⁴⁹⁹Baba qama 5:1 (21b 1. 70), Babli Baba qama 27b,46b, Baba batra 92b..