Sep. 3rd, 2009

cellio: (talmud)
If two must divide property (such as in the case of inheritance), then if the two pieces retain their essence you divide and if not you set a price. How does this apply to land? There is a minimum size for a courtyard or field below which you can't divide. What if one says "you take the minimum amount and I will take less"? It was taught that this is permitted, but Rabban Shimon ben Gamliel says it is not. What is his objection? It is because the one taking the larger portion can say "if you want me to pay for the extra I have no money, and if you are making a gift I choose not to accept it", as it is written: "he that hates gifts shall live" (Prov 15:27). (13b)

On a different note, there's another teaching from today's daf that requires visual aides, which doesn't work well orally, but someone else wrote it up so I can easily share it anyway. It doesn't look very practical, which makes me wonder if it's a deterrent (settle this out of court or this is what you get).

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