Today we get an interesting story where a mother writes a deed to one son, and then the other – in the same day! But then, both sons want to claim it solely for themselves. What makes it extra spicy? Both sons are great rabbis who then go and get other great rabbis to take sides!
The Gemara relates that the mother of Rami bar Ḥama wrote a deed in the morning transferring ownership of her property to Rami bar Ḥama, and in the evening she wrote another deed transferring her property to another of her sons, Mar Ukva bar Ḥama.
Mom! What are you doing? She has now promised the property to both sons. So, who gets the property?
Rami bar Ḥama came before Rav Sheshet and the latter established his right to the property.
Okay! One son brings his case to Rav Sheshet who rules that since Rami bar Hama received his gift first that he gets to keep it.
Mar Ukva, his brother, came before Rav Naḥman and the latter established his right to the property.
Oh no! The second brother comes to Rav Nahman who has now ruled in his favor! Now both rabbis have rabbis backing them up on their claim to the land!
Rav Sheshet came before Rav Naḥman and said to him: What is the reason that the Master did this, i.e., why did you issue this ruling? Rav Naḥman said to him: And what is the reason that the Master did this, i.e., why did you rule as you did?
Both authorities want to know why they ruled the way they ruled.
Rav Sheshet said to him: Because Rami bar Ḥama’s deed preceded that of Mar Ukva.
He got his earlier in the day! It’s his!
Rav Naḥman said to Rav Sheshet: Is that to say that we are sitting in Jerusalem, that we write the hours on our legal documents? The halakha is that in any place where the hours are not recorded on legal documents, it does not matter when during the day a document was written.
so, since she told them both in the smae day, the first son has no more of a right to the property than the second.
Rav Sheshet asked Rav Naḥman: But what is the reason that the Master did this, ruling as you did? Rav Naḥman said to him: It was the discretion of the judges, i.e., I ruled this way since it seemed to me that this is the way the mother wanted it.
Maybe, since the mother came to him after his brother – her thinking now is the more accurate!
Rav Sheshet said to Rav Naḥman: I also applied the principle of the discretion of the judges and ruled as I did.
so, what to do? These cases are decided by judges and now two authorities have weighed in with opposite outcomes . . . or are they both authorities?
Rav Naḥman said to him: One response to your point is that I am a judge, and the Master is not a judge, as Rav Sheshet did not serve in the official capacity of a judge. Furthermore, at the outset, you did not arrive at your conclusion for this reason, but due to your own theory with regard to the dating of the documents, which proved to be incorrect.
Bam! Nahman for the win.
Rav Nahman defeats Rav Sheshet by argueing that he is an acutual judge who adjudicates cases while Rav Sheshet is simply a rabbi. Likewise, he points out that Rav Sheshet based his reasoning on the mother having made out the deed to Rami bar Ḥama first, but when it’s in the same day, order does not matter unless you’re in Jerusalem.
What a fun passage. What gems to take from it? I guess that, when you’re trying to argue your point, make sure that the “big guns” you bring in are actually recognized authorities (in this case, not just a rabbi, but a judge as well). And two – when your mom leaves you something, don’t be surprised when she promised the same thing to your sibling. It happen all the time.