Search

Bava Batra 125

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Glenda Sacks Jaffe in honor of Sari Esserman’s birthday and on her first grandchild, and to Rhona Fink on the birth of another grandchild. “Yom huledet sameach and mazal tov!”

Does the firstborn receive a double portion of a loan due back to his father after his death? Raba and Rav Nachman each hold that the firstborn can receive a double portion but only if it is paid back in land, according to Raba or in cash according to Rav Nachman. Abaye raises two difficulties against each of their positions. Firstly, he sees no reason to distinguish – if the money “(or land) is not considered in the possession of the father, then the land (or money) should not be either. Secondly, he quotes a case for each of them where they held differently than they do here. Raba responds for himself and for Rav Nachman, claiming that they were both explaining the positions of the rabbis in Israel, but they do not actually agree with that position.

The difficulty raised against Raba was from a case where a person on their deathbed gave all their property to their grandmother, to be then given to his heirs (which was his daughter) upon the grandmother’s death. However, the daughter died before the grandmother. When the grandmother died, the daughter’s husband claimed the property as the heir of the daughter. The rabbis in Israel ruled that the property was not in the daughter’s possession at the time of her death and the husband could not inherit the property, as a husband inherits land/items of his wife that were in her possession at the time of her death. Rav Huna held that the husband could inherit it as when the father promised the property to the daughter after it first went to the grandmother, it was as if he said, “It will be yours from now, but the grandmother will enjoy the proceeds until her death.” Raba sided with the rabbis in Israel as he claimed that it clearly belonged to the grandmother since if she were to sell it, the sale would be valid, thus proving that it was considered in her possession, not the daughter’s, until her death. This shows that Raba holds that land/items are not considered possessed by someone (muchzak) if another person can sell them.

Rav Pappa ruled: 1. a husband only inherits property that the wife possessed, not property due to her; 2. A firstborn only inherits the double portion of property that his father possessed, not property due to him; 3. A firstborn does not get a double portion of a loan due to his father, whether they collected land or money for the loan; 4. A loan that the firstborn borrowed from his father and did not repay until after the father’s death is a case of doubt whether it is considered due to the father or in his possession and therefore the double portion is split between him and the brothers.

Bava Batra 125

מַאי שְׁנָא מָעוֹת דְּלָא – דְּלָאו הָנֵי מָעוֹת שְׁבַק אֲבוּהוֹן; קַרְקַע נָמֵי – לָאו הָא קַרְקַע שְׁבַק אֲבוּהוֹן!

because what is different about money, resulting in the halakha that the firstborn is not entitled to a double portion of it, is that their father did not leave them this specific money that was collected. With regard to land as well, their father did not leave them this specific parcel of land when he died, as the debtor could have repaid them with a different parcel of land, or with money.

וְעוֹד, הָא אַתְּ הוּא דְּאָמְרַתְּ: מִסְתַּבֵּר טַעְמָא דִּבְנֵי מַעְרְבָא, דְּאִי קְדֵים סָבְתָּא וְזַבְּנָא – זְבִינַהּ זְבִינֵי!

And furthermore, aren’t you the one who said that the explanation of the people of the West, Eretz Yisrael, is reasonable? In a case where a married woman had been fit to inherit from her great-grandmother but then predeceased her great-grandmother, who then died, and her widower claims the inheritance in his late wife’s stead, the Sages of Eretz Yisrael ruled that he is not entitled to the inheritance, as it is merely property due to his wife, and a husband does not inherit property due to be inherited by his late wife. Rabba agreed that the inheritance is considered property due to the wife, and not property possessed by her, as if the great-grandmother would have sold it before she died, her sale would have been a valid sale. Here, too, the land should be considered property due to the father, of which a firstborn is not entitled to a double portion, since the debtor could have sold it. Therefore, Rabba’s opinion is difficult.

לְרַב נַחְמָן קַשְׁיָא, מַאי שְׁנָא קַרְקַע דְּלָא – דְּלָאו הָא קַרְקַע שְׁבַק אֲבוּהוֹן; מָעוֹת נָמֵי – לָאו הָנֵי מָעוֹת שְׁבַק אֲבוּהוֹן!

Abaya continues: According to the opinion of Rav Naḥman it is difficult; what is different about land, resulting in the halakha that the firstborn is not entitled to a double portion of it, is that their father did not leave them this specific parcel of land. With regard to money as well, their father did not leave them this specific money when he died.

וְעוֹד, הָא אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: יְתוֹמִים שֶׁגָּבוּ קַרְקַע בְּחוֹבַת אֲבִיהֶן – בַּעַל חוֹב חוֹזֵר וְגוֹבָהּ מֵהֶן!

And furthermore, doesn’t Rav Naḥman say that Rabba bar Avuh says: With regard to orphans who collected land for a debt owed to their father, their father’s creditor can come and seize this land from them, as any land owned by the father is liened against his debts. Evidently, Rav Naḥman holds that land liened against a debt has the legal status of land that is in the possession of the creditor. If so, why does Rav Naḥman hold that a firstborn is not entitled to a double portion of land that is collected as payment of a debt?

אֲמַר לֵיהּ: לָא לְדִידִי קַשְׁיָא, וְלָא לְרַב נַחְמָן קַשְׁיָא; טַעְמָא דִּבְנֵי מַעְרְבָא קָאָמְרִינַן, וְלַן לָא סְבִירָא לַן.

Rabba said to Abaye: According to my opinion it is not difficult, and according to the opinion of Rav Naḥman it is not difficult. We were merely saying, i.e., explaining, the reason for the opinion of the people of the West, Eretz Yisrael, introduced with the phrase: They sent the following ruling from there, that a firstborn is entitled to a double portion of the payment of a debt. But we ourselves do not hold in accordance with that opinion. Therefore, one cannot raise a contradiction from our opinions stated elsewhere to what we said in explanation of the Sages of Eretz Yisrael.

מַאי סָבְתָּא? דְּהַהוּא דַּאֲמַר לְהוּ:

Having mentioned in passing the case of the great-grandmother, the Gemara discusses that case in depth. What is the case of the great-grandmother that was mentioned by Abaye? The Gemara explains: There was a certain moribund person who said to those present:

״נִכְסַי לְסָבְתָּא, וּבָתְרַהּ לְיָרְתַאי״. הַוְיָא לֵיהּ בְּרַתָּא דַּהֲוָה נְסִיבָא, שְׁכִיבָא בְּחַיֵּי בַּעְלַהּ וּבְחַיֵּי סָבְתָּא. בָּתַר דִּשְׁכִיבָא סָבְתָּא, אֲתָא בַּעַל קָא תָּבַע.

All my property is given to my grandmother, and after she dies, it is given to my heirs, not inherited by her heirs. He then died. He had a married daughter, who died during the lifetime of her husband and during the lifetime of her father’s grandmother. After her father’s grandmother died, her husband came and claimed the inheritance, as his wife was the heir of her father, and he is his wife’s heir.

אָמַר רַב הוּנָא: ״לְיָרְתַי״ – וַאֲפִילּוּ לְיָרְתֵי יָרְתַי. וְרַב עָנָן אָמַר: ״לְיָרְתַי״ – וְלָא לְיָרְתֵי יָרְתַי.

Rav Huna said: When her father said that his property is given: To my heirs, he meant: And even to the heirs of my heirs. Therefore, since his daughter’s husband is the heir of his heir, he is entitled to the inheritance. And Rav Anan said that he meant: To my heirs, but not to the heirs of my heirs. Therefore, the husband is not entitled to the property.

שְׁלַחוּ מִתָּם: הִלְכְתָא כְּווֹתֵיהּ דְּרַב עָנָן, וְלָאו מִטַּעְמֵיהּ. הִלְכְתָא כְּווֹתֵיהּ דְּרַב עָנָן – דְּבַעַל לָא יָרֵית, וְלָאו מִטַּעְמֵיהּ; דְּאִילּוּ רַב עָנָן סָבַר: אַף עַל גַּב דַּהֲוָה לֵיהּ בְּרָא לִבְרַתֵּיהּ, לָא יָרֵית; וְלָא הִיא, דְּאִילּוּ הֲוָה לֵיהּ בְּרָא לִבְרַתֵּיהּ, וַדַּאי יָרֵית; וּבַעַל הַיְינוּ טַעְמָא דְּלָא יָרֵית – מִשּׁוּם דַּהֲוָה לֵיהּ רָאוּי, וְאֵין הַבַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק.

The Gemara relates: They sent a ruling from there, Eretz Yisrael: The halakha is in accordance with the opinion of Rav Anan, but not due to his reasoning. The Gemara explains: The halakha is in accordance with the opinion of Rav Anan that the husband does not inherit the property. But not due to his reasoning, as Rav Anan holds that even if his daughter had a son to inherit from her, he would not inherit the property, as her father bequeathed it only to his heirs, not to the heirs of his heirs. And that is not so, as if his daughter had a son, he would certainly inherit; and this is the reason the husband does not inherit: Because the inheritance is considered property due to the daughter, as she did not own it during her lifetime, and a husband does not take in inheritance property due to his wife as he does the property she possessed.

מִכְּלָל דְּרַב הוּנָא סָבַר: בַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק?!

The Gemara asks: By inference, does Rav Huna, who ruled that the husband is entitled to the inheritance, hold that a husband takes in inheritance property due to his wife as he does the property she possessed?

אָמַר רַבִּי אֶלְעָזָר: דָּבָר זֶה נִפְתַּח בִּגְדוֹלִים וְנִסְתַּיֵּים בִּקְטַנִּים, כׇּל הָאוֹמֵר: ״אַחֲרֶיךָ״, כְּאוֹמֵר ״מֵעַכְשָׁיו״ דָּמֵי.

Rabbi Elazar says: This matter was introduced by great Sages, namely Rav Huna, and concluded by lesser Sages, i.e., by me. Rabbi Elazar, humbly referring to himself as a lesser Sage, will now explain Rav Huna’s statement. Anyone who says to another upon granting him an inheritance or a gift: After you die it is given to so-and-so, is considered like one who says: It is given to so-and-so from now. The first recipient merely has the right to use the property during his lifetime but did not actually become the owner. Accordingly, the inheritance was owned by the daughter in her lifetime, and the great-grandmother merely had usage rights. Therefore, it is inherited by the husband.

אָמַר רַבָּה: מִסְתַּבְּרָא טַעְמָא דִּבְנֵי מַעְרְבָא, דְּאִי קְדֵים סָבְתָּא וְזַבִּנָא – זְבִינַהּ זְבִינֵי.

Rabba said: The explanation of the people of the West, that the inheritance is considered property due to the daughter and not property possessed by her, is reasonable, as if the grandmother would have sold it before she died, her sale would have been a valid sale, and the daughter would not have received it at all.

אָמַר רַב פָּפָּא, הִלְכְתָא: אֵין הַבַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק, וְאֵין הַבְּכוֹר נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק. וְאֵין הַבְּכוֹר נוֹטֵל פִּי שְׁנַיִם בַּמִּלְוָה – בֵּין שֶׁגָּבוּ קַרְקַע, בֵּין שֶׁגָּבוּ מָעוֹת.

In conclusion, Rav Pappa said that the halakha is that the husband does not take in inheritance property due to his wife as he does the property she possessed; and a firstborn does not take a double portion of property due to his father as he does the property his father possessed; and a firstborn does not take a double portion of payment for a loan, whether the brothers collected land or whether they collected money.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Lorri Lewis

Palo Alto, CA, United States

Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .

Goldie Gilad
Goldie Gilad

Kfar Saba, Israel

I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!

Batsheva Pava
Batsheva Pava

Hashmonaim, Israel

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!

Lisa Kolodny
Lisa Kolodny

Raanana, Israel

A Gemara shiur previous to the Hadran Siyum, was the impetus to attend it.It was highly inspirational and I was smitten. The message for me was התלמוד בידינו. I had decided along with my Chahsmonaim group to to do the daf and take it one daf at time- without any expectations at all. There has been a wealth of information, insights and halachik ideas. It is truly exercise of the mind, heart & Soul

Phyllis Hecht.jpeg
Phyllis Hecht

Hashmonaim, Israel

I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!

Dena Lehrman
Dena Lehrman

אפרת, Israel

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.

Talia Haykin
Talia Haykin

Denver, United States

I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!

Batsheva Pava
Batsheva Pava

Hashmonaim, Israel

I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.

Medinah Korn
Medinah Korn

בית שמש, Israel

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

Bava Batra 125

מַאי שְׁנָא מָעוֹת דְּלָא – דְּלָאו הָנֵי מָעוֹת שְׁבַק אֲבוּהוֹן; קַרְקַע נָמֵי – לָאו הָא קַרְקַע שְׁבַק אֲבוּהוֹן!

because what is different about money, resulting in the halakha that the firstborn is not entitled to a double portion of it, is that their father did not leave them this specific money that was collected. With regard to land as well, their father did not leave them this specific parcel of land when he died, as the debtor could have repaid them with a different parcel of land, or with money.

וְעוֹד, הָא אַתְּ הוּא דְּאָמְרַתְּ: מִסְתַּבֵּר טַעְמָא דִּבְנֵי מַעְרְבָא, דְּאִי קְדֵים סָבְתָּא וְזַבְּנָא – זְבִינַהּ זְבִינֵי!

And furthermore, aren’t you the one who said that the explanation of the people of the West, Eretz Yisrael, is reasonable? In a case where a married woman had been fit to inherit from her great-grandmother but then predeceased her great-grandmother, who then died, and her widower claims the inheritance in his late wife’s stead, the Sages of Eretz Yisrael ruled that he is not entitled to the inheritance, as it is merely property due to his wife, and a husband does not inherit property due to be inherited by his late wife. Rabba agreed that the inheritance is considered property due to the wife, and not property possessed by her, as if the great-grandmother would have sold it before she died, her sale would have been a valid sale. Here, too, the land should be considered property due to the father, of which a firstborn is not entitled to a double portion, since the debtor could have sold it. Therefore, Rabba’s opinion is difficult.

לְרַב נַחְמָן קַשְׁיָא, מַאי שְׁנָא קַרְקַע דְּלָא – דְּלָאו הָא קַרְקַע שְׁבַק אֲבוּהוֹן; מָעוֹת נָמֵי – לָאו הָנֵי מָעוֹת שְׁבַק אֲבוּהוֹן!

Abaya continues: According to the opinion of Rav Naḥman it is difficult; what is different about land, resulting in the halakha that the firstborn is not entitled to a double portion of it, is that their father did not leave them this specific parcel of land. With regard to money as well, their father did not leave them this specific money when he died.

וְעוֹד, הָא אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: יְתוֹמִים שֶׁגָּבוּ קַרְקַע בְּחוֹבַת אֲבִיהֶן – בַּעַל חוֹב חוֹזֵר וְגוֹבָהּ מֵהֶן!

And furthermore, doesn’t Rav Naḥman say that Rabba bar Avuh says: With regard to orphans who collected land for a debt owed to their father, their father’s creditor can come and seize this land from them, as any land owned by the father is liened against his debts. Evidently, Rav Naḥman holds that land liened against a debt has the legal status of land that is in the possession of the creditor. If so, why does Rav Naḥman hold that a firstborn is not entitled to a double portion of land that is collected as payment of a debt?

אֲמַר לֵיהּ: לָא לְדִידִי קַשְׁיָא, וְלָא לְרַב נַחְמָן קַשְׁיָא; טַעְמָא דִּבְנֵי מַעְרְבָא קָאָמְרִינַן, וְלַן לָא סְבִירָא לַן.

Rabba said to Abaye: According to my opinion it is not difficult, and according to the opinion of Rav Naḥman it is not difficult. We were merely saying, i.e., explaining, the reason for the opinion of the people of the West, Eretz Yisrael, introduced with the phrase: They sent the following ruling from there, that a firstborn is entitled to a double portion of the payment of a debt. But we ourselves do not hold in accordance with that opinion. Therefore, one cannot raise a contradiction from our opinions stated elsewhere to what we said in explanation of the Sages of Eretz Yisrael.

מַאי סָבְתָּא? דְּהַהוּא דַּאֲמַר לְהוּ:

Having mentioned in passing the case of the great-grandmother, the Gemara discusses that case in depth. What is the case of the great-grandmother that was mentioned by Abaye? The Gemara explains: There was a certain moribund person who said to those present:

״נִכְסַי לְסָבְתָּא, וּבָתְרַהּ לְיָרְתַאי״. הַוְיָא לֵיהּ בְּרַתָּא דַּהֲוָה נְסִיבָא, שְׁכִיבָא בְּחַיֵּי בַּעְלַהּ וּבְחַיֵּי סָבְתָּא. בָּתַר דִּשְׁכִיבָא סָבְתָּא, אֲתָא בַּעַל קָא תָּבַע.

All my property is given to my grandmother, and after she dies, it is given to my heirs, not inherited by her heirs. He then died. He had a married daughter, who died during the lifetime of her husband and during the lifetime of her father’s grandmother. After her father’s grandmother died, her husband came and claimed the inheritance, as his wife was the heir of her father, and he is his wife’s heir.

אָמַר רַב הוּנָא: ״לְיָרְתַי״ – וַאֲפִילּוּ לְיָרְתֵי יָרְתַי. וְרַב עָנָן אָמַר: ״לְיָרְתַי״ – וְלָא לְיָרְתֵי יָרְתַי.

Rav Huna said: When her father said that his property is given: To my heirs, he meant: And even to the heirs of my heirs. Therefore, since his daughter’s husband is the heir of his heir, he is entitled to the inheritance. And Rav Anan said that he meant: To my heirs, but not to the heirs of my heirs. Therefore, the husband is not entitled to the property.

שְׁלַחוּ מִתָּם: הִלְכְתָא כְּווֹתֵיהּ דְּרַב עָנָן, וְלָאו מִטַּעְמֵיהּ. הִלְכְתָא כְּווֹתֵיהּ דְּרַב עָנָן – דְּבַעַל לָא יָרֵית, וְלָאו מִטַּעְמֵיהּ; דְּאִילּוּ רַב עָנָן סָבַר: אַף עַל גַּב דַּהֲוָה לֵיהּ בְּרָא לִבְרַתֵּיהּ, לָא יָרֵית; וְלָא הִיא, דְּאִילּוּ הֲוָה לֵיהּ בְּרָא לִבְרַתֵּיהּ, וַדַּאי יָרֵית; וּבַעַל הַיְינוּ טַעְמָא דְּלָא יָרֵית – מִשּׁוּם דַּהֲוָה לֵיהּ רָאוּי, וְאֵין הַבַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק.

The Gemara relates: They sent a ruling from there, Eretz Yisrael: The halakha is in accordance with the opinion of Rav Anan, but not due to his reasoning. The Gemara explains: The halakha is in accordance with the opinion of Rav Anan that the husband does not inherit the property. But not due to his reasoning, as Rav Anan holds that even if his daughter had a son to inherit from her, he would not inherit the property, as her father bequeathed it only to his heirs, not to the heirs of his heirs. And that is not so, as if his daughter had a son, he would certainly inherit; and this is the reason the husband does not inherit: Because the inheritance is considered property due to the daughter, as she did not own it during her lifetime, and a husband does not take in inheritance property due to his wife as he does the property she possessed.

מִכְּלָל דְּרַב הוּנָא סָבַר: בַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק?!

The Gemara asks: By inference, does Rav Huna, who ruled that the husband is entitled to the inheritance, hold that a husband takes in inheritance property due to his wife as he does the property she possessed?

אָמַר רַבִּי אֶלְעָזָר: דָּבָר זֶה נִפְתַּח בִּגְדוֹלִים וְנִסְתַּיֵּים בִּקְטַנִּים, כׇּל הָאוֹמֵר: ״אַחֲרֶיךָ״, כְּאוֹמֵר ״מֵעַכְשָׁיו״ דָּמֵי.

Rabbi Elazar says: This matter was introduced by great Sages, namely Rav Huna, and concluded by lesser Sages, i.e., by me. Rabbi Elazar, humbly referring to himself as a lesser Sage, will now explain Rav Huna’s statement. Anyone who says to another upon granting him an inheritance or a gift: After you die it is given to so-and-so, is considered like one who says: It is given to so-and-so from now. The first recipient merely has the right to use the property during his lifetime but did not actually become the owner. Accordingly, the inheritance was owned by the daughter in her lifetime, and the great-grandmother merely had usage rights. Therefore, it is inherited by the husband.

אָמַר רַבָּה: מִסְתַּבְּרָא טַעְמָא דִּבְנֵי מַעְרְבָא, דְּאִי קְדֵים סָבְתָּא וְזַבִּנָא – זְבִינַהּ זְבִינֵי.

Rabba said: The explanation of the people of the West, that the inheritance is considered property due to the daughter and not property possessed by her, is reasonable, as if the grandmother would have sold it before she died, her sale would have been a valid sale, and the daughter would not have received it at all.

אָמַר רַב פָּפָּא, הִלְכְתָא: אֵין הַבַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק, וְאֵין הַבְּכוֹר נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק. וְאֵין הַבְּכוֹר נוֹטֵל פִּי שְׁנַיִם בַּמִּלְוָה – בֵּין שֶׁגָּבוּ קַרְקַע, בֵּין שֶׁגָּבוּ מָעוֹת.

In conclusion, Rav Pappa said that the halakha is that the husband does not take in inheritance property due to his wife as he does the property she possessed; and a firstborn does not take a double portion of property due to his father as he does the property his father possessed; and a firstborn does not take a double portion of payment for a loan, whether the brothers collected land or whether they collected money.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete