daf bit: Nedarim 48

[cellio]

The mishna discusses using an intermediary to get around a vow. Suppose a father has vowed not to benefit from his son. His son wants to host a banquet for his own son's wedding, and the mishna proposes that he give the banquet (that is, the resources to pay for it) to a neighbor on the condition that his father be invited. The gemara debates whether this is valid, and concludes that if he says "so that my father can come" it is legal but if he says "on condition that my father can come", it is not a legitimate gift. The decision must be left to the recipient, but the giver is allowed to make a request. (48b)

Comments

Re: Tangential, but significant I think:

[zevabe.livejournal.com]

A gift need not be unconditional. First the civil law example: A proposes to B with a ring. The engagement ends & A wants the ring back, as it was conditional on marriage. Courts have decided on multiple occassions in favor of A.

The halakhic example: On the first day of sukkot (when it isn't Shabbat), the lulav & Etrog you take must belong to you. They cannot be borrowed. However, people want to loan them out anyway to those who don't have their own. So they are given as gifts, with the implicit or explicit (and I'm dealing more with the explicit) condition that it is given to you as a gift only on the condition that you give it to me as a gift when you are done shaking it. A gift can always be given with conditions halakhically.