תלמוד על כתובות 4:1

HALAKHAH: “Where is my deposit? He told him ‘it was lost’,” etc. It was stated⁹⁴Tosephta 11:1; Babli Bava batra51b.: “One does not accept deposits from women, or slaves, or underage children⁹⁵Since usually they have no independent property, one has to suspect that the deposit might be stolen property.. If one accepted from a woman, he should return it to her; if she died, he should return it to her husband⁹⁶Who is her heir.. If one accepted from a slave, he should return it to him; if he died, he should return it to his master. From an underage child, he should return it to him, if he died he should return it to his father, and make it a safe investment⁹⁷It seems that this sentence should be rearranged as in the Tosephta: “From an underage child, he should make it a safe investment, return it to him (once he reaches the age in which he legally can do business); if he died he should return it to his father.”. If any of these said at the moment of their death, it should be given to X because it is his property, one should follow his interpretation⁹⁸The translation follows the extensive discussion of the expression פירוש לפירושו by S. Lieberman in Tosefta kiFshutah Neziqin, p. 134..” Rebbi Zebida in the name of Rebbi Abba bar Mamal: Only before witnesses⁹⁹Dispositions of a last will which do not follow the general rule should be executed only in the presence of witnesses, to protect the trustee against claims of the legal heirs.. As the following¹⁰⁰Another version of the same story is told in the Babli, Bava batra52a. There, the husband is Abba bar bar Ḥana. This is the correct attribution since Abba bar Ḥana, the elder R. Ḥiyya’s brother, died before the birth of his son, therefore also before his wife. In Halakhah 10:1, “R. Abba bar Ḥana” speaks of “my oncle R. Ḥiyya”. This proves that the person called Abba bar Ḥana in the Yerushalmi is called Abba bar bar Ḥana in the Babli.: When Rebbi Abba bar Ḥana’s wife was dying, she said, these rings belong to my daughter. But he said no, they are mine. The case came before Rav who said, people are not given to lying at the time of their death¹⁰¹A statement of Rava in the Babli, Bava batra 175a..