Bava Batra 139: Gifts and Protests, Order and Witnesses

The rabbis continue to argue about what is to be done when a person protests the gift that is given from the beginning compared with a person who is first quiet and then protests later.  Examples regarding a gift of slaves are discussed with regard to heirs and to access to teruma. 

Next, the rabbis consider the order in which gifts are given.  We learn that property is gifted in order of value, for example, 200 zuz means 200 zuz worth of land is followed by 300 zuz and so on.  The payment of a wife's ketuba is discussed in this context as well.

We turn to the importance of witnesses.  People are expected to write down the details of their contracted sales/purchases.  Witnesses are expected to write down details only when they know that those details are true.  Some rabbis believe that a witness's written words might be misunderstood as truth by a beit din, causing the beit din to err in its judgement.  Others believe that we should not be concerned about the judgement of a beit din, for its judges will always do due diligence and check on witnesses' statements.  

When the Mishna stated that a father bequeathed his property to a son from today and after I die, what are the implications regarding whether or not he can gift his produce to another person?  The rabbis begin their discussion about when an heir might claim that produce as his own. 

Who knew that it would be so hard to give a gift?