Search

Bava Batra 113

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Laurence and Michelle Berkowitz in loving memory of Laurence’s mother, Eleanor Lasson Berkowitz, on her 22nd yartzeit. “A perfect mother, who as a social worker knew how to bring people together despite their differences. May her memory be blessed for the support of her many grandchildren serving in Tzahal.”

When a husband inherits his wife’s property, he inherits land that she owned at the time of her death (muchzak) but not property that is passed on to her after her death (ra’uy), i.e. her father dies after her and she has no brothers. What is the source of this law? Some of the verses that were used in the earlier braita are now explained differently).

The Mishna listed that the sons of the sister inherit from their uncle. The Gemara derives from these words that the ruling is for males, not females. Rav Sheshet explains this to mean that the nephews inherit before the nieces and such is true for all the stages of inheritance – first, it is given to the males and only if there are none, then it is passed to the females. What is the source of this law?

One cannot divide inheritance at night. This statement is explained based on a braita and a statement of Rav Yehuda and Rav Hisda.

Today’s daily daf tools:

Bava Batra 113

תַּנְיָא אִידַּךְ: ״וְלֹא תִסֹּב נַחֲלָה מִמַּטֶּה לְמַטֶּה אַחֵר״ – בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר.

It is taught in another baraita: “So shall no inheritance transfer from one tribe to another tribe” (Numbers 36:9); the verse speaks of the transfer of the inheritance by means of the husband. The Torah prohibits the woman from marrying a man from a different tribe since her husband will inherit from her, thereby transferring her inheritance away from its original tribe.

אַתָּה אוֹמֵר בְּסִיבַּת הַבַּעַל; אוֹ אֵינוֹ אֶלָּא בְּסִיבַּת הַבֵּן? כְּשֶׁהוּא אוֹמֵר: ״וְלֹא תִסֹּב נַחֲלָה לִבְנֵי יִשְׂרָאֵל מִמַּטֶּה אֶל מַטֶּה״ – הֲרֵי הֲסִיבַּת הַבֵּן אָמוּר; הָא מָה אֲנִי מְקַיֵּים ״וְלֹא תִסֹּב נַחֲלָה מִמַּטֶּה לְמַטֶּה אַחֵר״? בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר.

Do you say that this is with regard to the transfer of the inheritance by means of the husband, or is it only with regard to the transfer of the inheritance by means of the son? When it says: “So shall no inheritance of the children of Israel transfer from tribe to tribe” (Numbers 36:7), the verse is speaking with regard to the transfer of the inheritance by means of the son. How do I realize the meaning of the verse: “So shall no inheritance transfer from one tribe to another tribe” (Numbers 36:9)? That verse speaks of the transfer of the inheritance by means of the husband.

דְּכוּלֵּי עָלְמָא מִיהַת, ״מִמַּטֶּה לְמַטֶּה אַחֵר״ – בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר; מַאי מַשְׁמַע? סִימָן אָמַר רַבָּה בַּר רַב שֵׁילָא, אָמַר קְרָא: ״אִישׁ״. תַּרְוַיְיהוּ ״אִישׁ״ כְּתִיב בְּהוּ!

The Gemara comments: In any event, according to everyone, i.e., according to both baraitot, the phrase in the verse “from one tribe to another tribe” speaks of the transfer of the inheritance by means of the husband. The Gemara asks: From where is this inferred? The Gemara supplies a mnemonic. Rabba bar Rav Sheila said that the latter part of the verse states: “So shall no inheritance transfer from one tribe to another tribe; for the tribes of the children of Israel shall cleave each one [ish] to its own inheritance,” alluding to the transfer by means of the husband, as the word “ish” means husband, in the context of: “Elimelech the husband [ish] of Naomi” (Ruth 1:3). The Gemara asks: But the word “ish” is written in both of the verses. Therefore, both verses should be interpreted with regard to the transfer of the inheritance by means of the husband.

אֶלָּא אָמַר רַב נַחְמָן בַּר יִצְחָק, אָמַר קְרָא: ״יִדְבְּקוּ״. תַּרְוַיְיהוּ ״יִדְבְּקוּ״ כְּתִיב בְּהוּ!

Rather, Rav Naḥman bar Yitzḥak said a different explanation. The verse states: “Shall cleave,” and this term alludes to marriage, as in the context of: “And he shall cleave to his wife” (Genesis 2:24). The Gemara raises a difficulty: But the term “shall cleave” is written in both of the verses. Therefore, both verses should be interpreted with regard to the transfer of the inheritance by means of the husband.

אֶלָּא אָמַר רָבָא, אָמַר קְרָא: ״יִדְבְּקוּ מַטּוֹת״. רַב אָשֵׁי אָמַר, אָמַר קְרָא: ״מִמַּטֶּה לְמַטֶּה אַחֵר״ – וּבֵן לָאו אַחֵר הוּא.

Rather, Rava said a different explanation: The verse states: “The tribes of the children of Israel shall cleave,” and tribes cleave to one another through marriage. Rav Ashi said another explanation: The verse states: “From one tribe to another tribe,” and a son is not considered “another,” as he is an extension of his mother.

אָמַר רַבִּי אֲבָהוּ אָמַר רַבִּי יוֹחָנָן אָמַר רַבִּי יַנַּאי אָמַר רַבִּי; וּמָטוּ בָּהּ מִשְּׁמֵיהּ דְּרַבִּי יְהוֹשֻׁעַ בֶּן קׇרְחָה: מִנַּיִן לְבַעַל שֶׁאֵינוֹ נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק? שֶׁנֶּאֱמַר: ״וּשְׂגוּב הוֹלִיד אֶת יָאִיר, וַיְהִי לוֹ עֶשְׂרִים וְשָׁלוֹשׁ עָרִים בְּאֶרֶץ הַגִּלְעָד״. מִנַּיִן לְיָאִיר – שֶׁלֹּא הָיָה לוֹ לִשְׂגוּב? אֶלָּא מְלַמֵּד שֶׁנָּשָׂא שְׂגוּב אִשָּׁה, וּמֵתָה בְּחַיֵּי מוֹרִישֶׁיהָ; וּמֵתוּ מוֹרִישֶׁיהָ, וִירָשָׁהּ יָאִיר.

§ Rabbi Abbahu says that Rabbi Yoḥanan says that Rabbi Yannai says that Rabbi Yehuda HaNasi says, and some determined it was in the name of Rabbi Yehoshua ben Korḥa: From where is it derived that a husband who inherits from his wife does not take in inheritance the property due to the deceased as he does the property she possessed? Instead of the husband inheriting the property that was due to her, that property is inherited by her other relatives, such as her son, or other relatives of her father. As it is stated: “And Seguv begot Yair, who had twenty three cities in the land of Gilead” (I Chronicles 2:22). The Gemara asks: From where did Yair have land that his father, Seguv, did not have? Rather, this teaches that Seguv married a woman and she died in the lifetime of her potential legators, and her legators then died, and Yair, her son, not Seguv, her husband, inherited these inheritances from her.

וְאוֹמֵר: ״וְאֶלְעָזָר בֶּן אַהֲרֹן מֵת וַיִּקְבְּרוּ וְגוֹ׳״. מִנַּיִן לְפִנְחָס – שֶׁלֹּא הָיָה לוֹ לְאֶלְעָזָר? מְלַמֵּד שֶׁנָּשָׂא אֶלְעָזָר אִשָּׁה, וּמֵתָה בְּחַיֵּי מוֹרִישֶׁיהָ; וּמֵתוּ מוֹרִישֶׁיהָ, וִירָשָׁהּ פִּנְחָס.

And it is stated: “And Elazar, the son of Aaron, died; and they buried him in the Hill of Pinehas his son” (Joshua 24:33). From where did Pinehas have land that his father, Elazar, did not have? Rather, this teaches that Elazar married a woman and she died in the lifetime of her potential legators, and her legators then died, and Pinehas her son, not Elazar her husband, inherited the property from her.

וּמַאי ״וְאוֹמֵר״? וְכִי תֵּימָא, יָאִיר – דַּהֲוָה נְסִיב אִיתְּתָא וּמֵתָה, וְיַרְתַהּ; תַּלְמוּד לוֹמַר: וְאֶלְעָזָר בֶּן אַהֲרֹן מֵת״. וְכִי תֵּימָא דִּנְפַלָה לֵיהּ בִּשְׂדֵה חֲרָמִים, אָמַר קְרָא: ״בְּנוֹ״ – נַחֲלָה הָרְאוּיָה לוֹ, וִירָשָׁהּ בְּנוֹ.

And what is the meaning of: And it is stated? Why is it necessary to provide an additional proof beyond the first verse? The Gemara explains. And if you would say: In the verse concerning Seguv and Yair, it is Yair, not Seguv, who married a woman and she died and he inherited from her, and he did not inherit from his mother, the verse states: “And Elazar, the son of Aaron, died; and they buried him in the Hill of Pinehas his son” (Joshua 24:33), teaching that Pinehas inherited the land of those from whom his mother inherited, and Elazar did not. And if you would say that this land came into the possession of Pinehas as a dedicated field, as he was a priest, and he did not inherit it from his mother, the verse states: “His son,” indicating that it was an inheritance that was fitting for him, i.e., Elazar, had his wife not predeceased her legators, and his son inherited it.

וּבְנֵי אָחוֹת. תָּנָא: בְּנֵי אָחוֹת, וְלֹא בְּנוֹת אָחוֹת.

§ The mishna teaches: And sons of sisters, i.e., nephews born to the sisters of the deceased, inherit from their maternal uncles but do not bequeath to them. It is taught in a baraita: This halakha applies to sons of sisters but not to daughters of sisters.

לְמַאי הִלְכְתָא? אָמַר רַב שֵׁשֶׁת: לְקַדֵּם.

With regard to what halakha was this said? It is obvious that in principle daughters have the right to inherit from their maternal uncle, as the mother inherits from him. Rav Sheshet said: It is said to teach that where there are sons as well, they precede the daughters in inheriting from their maternal uncle.

תָּנֵי רַב שְׁמוּאֵל בַּר רַב יִצְחָק קַמֵּיהּ דְּרַב הוּנָא: ״וְיָרַשׁ״ – מַקִּישׁ יְרוּשָּׁה שְׁנִיָּה לִירוּשָּׁה רִאשׁוֹנָה; מָה יְרוּשָּׁה רִאשׁוֹנָה – בֵּן קוֹדֵם לַבַּת, אַף יְרוּשָּׁה שְׁנִיָּה – בֵּן קוֹדֵם לַבַּת.

Rav Shmuel bar Rav Yitzḥak taught a baraita before Rav Huna: At the end of the passage discussing inheritance of land, the verse states: “Then you shall give his inheritance to his kinsman who is next to him of his family, and he shall inherit it” (Numbers 27:11). The verse juxtaposes a secondary inheritance, that of one inheriting from other relatives, to a primary inheritance, that of a child inheriting from a parent. This teaches that just as with regard to a primary inheritance a son precedes a daughter, so too, with regard to a secondary inheritance a son precedes a daughter.

תָּנֵי רַבָּה בַּר חֲנִינָא קַמֵּיהּ דְּרַב נַחְמָן: ״וְהָיָה בְּיוֹם הַנְחִילוֹ אֶת בָּנָיו״ – בַּיוֹם אַתָּה מַפִּיל נַחֲלוֹת, וְאִי אַתָּה מַפִּיל נַחֲלוֹת בַּלַּיְלָה. אָמַר לֵיהּ אַבָּיֵי: אֶלָּא מֵעַתָּה, דְּשָׁכֵיב בִּימָמָא הוּא דְּיָרְתִי לֵיהּ בְּנֵיהּ, מַאן דְּשָׁכֵיב בְּלֵילְיָא לָא יָרְתִי לֵיהּ בְּנֵיהּ?!

§ Rabba bar Ḥanina taught a baraita before Rav Naḥman: A verse in the passage concerning the double portion inherited by a firstborn states: “Then it shall be on the day that he causes his sons to inherit that which he has” (Deuteronomy 21:16). The addition of the phrase “on the day” teaches that it is specifically during the day that you may distribute inheritances, but you may not distribute inheritances at night. Abaye said to him: That cannot be the halakha, as, if that is so, it ought to be that only one who dies during the day is the one from whom his children inherit, but with regard to one who dies at night, his children do not inherit from him, and this is not the case.

דִּלְמָא דִּין נַחֲלוֹת קָא אָמְרַתְּ? דְּתַנְיָא: ״וְהָיְתָה לִבְנֵי יִשְׂרָאֵל לְחֻקַּת מִשְׁפָּט״ – אוֹרְעָה כָּל הַפָּרָשָׁה כּוּלָּהּ לִהְיוֹת דִּין.

Abaye suggests a different interpretation of Rabba bar Ḥanina’s statement: Perhaps you said a distinction between day and night with regard to the adjudication of inheritances, as judges are permitted to sit only during the day. A proof for this distinction is as it is taught in a baraita: A verse in the passage concerning inheritance states: “And it shall be for the children of Israel a statute of judgment” (Numbers 27:11), teaching that the entire portion was placed [ure’a] together to be considered a matter of judgment, subject to the procedural rules of a court matter.

וְכִדְרַב יְהוּדָה, דְּאָמַר רַב יְהוּדָה: שְׁלֹשָׁה שֶׁנִּכְנְסוּ לְבַקֵּר אֶת הַחוֹלֶה, רָצוּ – כּוֹתְבִין, רָצוּ – עוֹשִׂין דִּין. שְׁנַיִם – כּוֹתְבִין וְאֵין עוֹשִׂין דִּין. וְאָמַר רַב חִסְדָּא: לֹא שָׁנוּ אֶלָּא בַּיּוֹם;

Abaye continues: And this is in accordance with the statement of Rav Yehuda, as Rav Yehuda says: In a case where there were three men who entered a room to visit a sick person and the sick person desired to write a will in order to distribute his property following his death, if the visitors wish to do so they may write his will and sign it as witnesses. And if they wish, they may act in judgment, i.e., they may act as a court in the matter, since there are three of them. Therefore, they can determine that the will has the validity of an act of court and transfer the property to the heirs in their capacity as a court. But if only two came to visit the sick person, they may write the will and sign it as witnesses, but they may not act in judgment, since three are required to form a court. And Rav Ḥisda says: This halakha was taught only in a case where the three came to visit him during the day,

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

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. 

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

I started last year after completing the Pesach Sugiyot class. Masechet Yoma might seem like a difficult set of topics, but for me made Yom Kippur and the Beit HaMikdash come alive. Liturgy I’d always had trouble connecting with took on new meaning as I gained a sense of real people moving through specific spaces in particular ways. It was the perfect introduction; I am so grateful for Hadran!

Debbie Engelen-Eigles
Debbie Engelen-Eigles

Minnesota, United States

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

I started learning at the beginning of this Daf Yomi cycle because I heard a lot about the previous cycle coming to an end and thought it would be a good thing to start doing. My husband had already bought several of the Koren Talmud Bavli books and they were just sitting on the shelf, not being used, so here was an opportunity to start using them and find out exactly what was in them. Loving it!

Caroline Levison
Caroline Levison

Borehamwood, United Kingdom

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.

Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.

Carolyn Hochstadter and Margo Kossoff Shizgal
Carolyn Hochstadter and Margo Kossoff Shizgal

Merion Station,  USA

Beit Shemesh, Israel

I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…

Miriam Eckstein-Koas
Miriam Eckstein-Koas

Huntington, United States

I started learning with rabbis. I needed to know more than the stories. My first teacher to show me “the way of the Talmud” as well as the stories was Samara Schwartz.
Michelle Farber started the new cycle 2 yrs ago and I jumped on for the ride.
I do not look back.

Jenifer Nech
Jenifer Nech

Houston, United States

Jill Shames
Jill Shames

Jerusalem, Israel

Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.

Lisa S. Malik
Lisa S. Malik

Wynnewood, United States

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.

Rachel Rotenberg
Rachel Rotenberg

Tekoa, Israel

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

After experiences over the years of asking to join gemara shiurim for men and either being refused by the maggid shiur or being the only women there, sometimes behind a mechitza, I found out about Hadran sometime during the tail end of Masechet Shabbat, I think. Life has been much better since then.

Madeline Cohen
Madeline Cohen

London, United Kingdom

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

Yafit Fishbach
Yafit Fishbach

Memphis, Tennessee, United States

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

Bava Batra 113

תַּנְיָא אִידַּךְ: ״וְלֹא תִסֹּב נַחֲלָה מִמַּטֶּה לְמַטֶּה אַחֵר״ – בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר.

It is taught in another baraita: “So shall no inheritance transfer from one tribe to another tribe” (Numbers 36:9); the verse speaks of the transfer of the inheritance by means of the husband. The Torah prohibits the woman from marrying a man from a different tribe since her husband will inherit from her, thereby transferring her inheritance away from its original tribe.

אַתָּה אוֹמֵר בְּסִיבַּת הַבַּעַל; אוֹ אֵינוֹ אֶלָּא בְּסִיבַּת הַבֵּן? כְּשֶׁהוּא אוֹמֵר: ״וְלֹא תִסֹּב נַחֲלָה לִבְנֵי יִשְׂרָאֵל מִמַּטֶּה אֶל מַטֶּה״ – הֲרֵי הֲסִיבַּת הַבֵּן אָמוּר; הָא מָה אֲנִי מְקַיֵּים ״וְלֹא תִסֹּב נַחֲלָה מִמַּטֶּה לְמַטֶּה אַחֵר״? בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר.

Do you say that this is with regard to the transfer of the inheritance by means of the husband, or is it only with regard to the transfer of the inheritance by means of the son? When it says: “So shall no inheritance of the children of Israel transfer from tribe to tribe” (Numbers 36:7), the verse is speaking with regard to the transfer of the inheritance by means of the son. How do I realize the meaning of the verse: “So shall no inheritance transfer from one tribe to another tribe” (Numbers 36:9)? That verse speaks of the transfer of the inheritance by means of the husband.

דְּכוּלֵּי עָלְמָא מִיהַת, ״מִמַּטֶּה לְמַטֶּה אַחֵר״ – בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר; מַאי מַשְׁמַע? סִימָן אָמַר רַבָּה בַּר רַב שֵׁילָא, אָמַר קְרָא: ״אִישׁ״. תַּרְוַיְיהוּ ״אִישׁ״ כְּתִיב בְּהוּ!

The Gemara comments: In any event, according to everyone, i.e., according to both baraitot, the phrase in the verse “from one tribe to another tribe” speaks of the transfer of the inheritance by means of the husband. The Gemara asks: From where is this inferred? The Gemara supplies a mnemonic. Rabba bar Rav Sheila said that the latter part of the verse states: “So shall no inheritance transfer from one tribe to another tribe; for the tribes of the children of Israel shall cleave each one [ish] to its own inheritance,” alluding to the transfer by means of the husband, as the word “ish” means husband, in the context of: “Elimelech the husband [ish] of Naomi” (Ruth 1:3). The Gemara asks: But the word “ish” is written in both of the verses. Therefore, both verses should be interpreted with regard to the transfer of the inheritance by means of the husband.

אֶלָּא אָמַר רַב נַחְמָן בַּר יִצְחָק, אָמַר קְרָא: ״יִדְבְּקוּ״. תַּרְוַיְיהוּ ״יִדְבְּקוּ״ כְּתִיב בְּהוּ!

Rather, Rav Naḥman bar Yitzḥak said a different explanation. The verse states: “Shall cleave,” and this term alludes to marriage, as in the context of: “And he shall cleave to his wife” (Genesis 2:24). The Gemara raises a difficulty: But the term “shall cleave” is written in both of the verses. Therefore, both verses should be interpreted with regard to the transfer of the inheritance by means of the husband.

אֶלָּא אָמַר רָבָא, אָמַר קְרָא: ״יִדְבְּקוּ מַטּוֹת״. רַב אָשֵׁי אָמַר, אָמַר קְרָא: ״מִמַּטֶּה לְמַטֶּה אַחֵר״ – וּבֵן לָאו אַחֵר הוּא.

Rather, Rava said a different explanation: The verse states: “The tribes of the children of Israel shall cleave,” and tribes cleave to one another through marriage. Rav Ashi said another explanation: The verse states: “From one tribe to another tribe,” and a son is not considered “another,” as he is an extension of his mother.

אָמַר רַבִּי אֲבָהוּ אָמַר רַבִּי יוֹחָנָן אָמַר רַבִּי יַנַּאי אָמַר רַבִּי; וּמָטוּ בָּהּ מִשְּׁמֵיהּ דְּרַבִּי יְהוֹשֻׁעַ בֶּן קׇרְחָה: מִנַּיִן לְבַעַל שֶׁאֵינוֹ נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק? שֶׁנֶּאֱמַר: ״וּשְׂגוּב הוֹלִיד אֶת יָאִיר, וַיְהִי לוֹ עֶשְׂרִים וְשָׁלוֹשׁ עָרִים בְּאֶרֶץ הַגִּלְעָד״. מִנַּיִן לְיָאִיר – שֶׁלֹּא הָיָה לוֹ לִשְׂגוּב? אֶלָּא מְלַמֵּד שֶׁנָּשָׂא שְׂגוּב אִשָּׁה, וּמֵתָה בְּחַיֵּי מוֹרִישֶׁיהָ; וּמֵתוּ מוֹרִישֶׁיהָ, וִירָשָׁהּ יָאִיר.

§ Rabbi Abbahu says that Rabbi Yoḥanan says that Rabbi Yannai says that Rabbi Yehuda HaNasi says, and some determined it was in the name of Rabbi Yehoshua ben Korḥa: From where is it derived that a husband who inherits from his wife does not take in inheritance the property due to the deceased as he does the property she possessed? Instead of the husband inheriting the property that was due to her, that property is inherited by her other relatives, such as her son, or other relatives of her father. As it is stated: “And Seguv begot Yair, who had twenty three cities in the land of Gilead” (I Chronicles 2:22). The Gemara asks: From where did Yair have land that his father, Seguv, did not have? Rather, this teaches that Seguv married a woman and she died in the lifetime of her potential legators, and her legators then died, and Yair, her son, not Seguv, her husband, inherited these inheritances from her.

וְאוֹמֵר: ״וְאֶלְעָזָר בֶּן אַהֲרֹן מֵת וַיִּקְבְּרוּ וְגוֹ׳״. מִנַּיִן לְפִנְחָס – שֶׁלֹּא הָיָה לוֹ לְאֶלְעָזָר? מְלַמֵּד שֶׁנָּשָׂא אֶלְעָזָר אִשָּׁה, וּמֵתָה בְּחַיֵּי מוֹרִישֶׁיהָ; וּמֵתוּ מוֹרִישֶׁיהָ, וִירָשָׁהּ פִּנְחָס.

And it is stated: “And Elazar, the son of Aaron, died; and they buried him in the Hill of Pinehas his son” (Joshua 24:33). From where did Pinehas have land that his father, Elazar, did not have? Rather, this teaches that Elazar married a woman and she died in the lifetime of her potential legators, and her legators then died, and Pinehas her son, not Elazar her husband, inherited the property from her.

וּמַאי ״וְאוֹמֵר״? וְכִי תֵּימָא, יָאִיר – דַּהֲוָה נְסִיב אִיתְּתָא וּמֵתָה, וְיַרְתַהּ; תַּלְמוּד לוֹמַר: וְאֶלְעָזָר בֶּן אַהֲרֹן מֵת״. וְכִי תֵּימָא דִּנְפַלָה לֵיהּ בִּשְׂדֵה חֲרָמִים, אָמַר קְרָא: ״בְּנוֹ״ – נַחֲלָה הָרְאוּיָה לוֹ, וִירָשָׁהּ בְּנוֹ.

And what is the meaning of: And it is stated? Why is it necessary to provide an additional proof beyond the first verse? The Gemara explains. And if you would say: In the verse concerning Seguv and Yair, it is Yair, not Seguv, who married a woman and she died and he inherited from her, and he did not inherit from his mother, the verse states: “And Elazar, the son of Aaron, died; and they buried him in the Hill of Pinehas his son” (Joshua 24:33), teaching that Pinehas inherited the land of those from whom his mother inherited, and Elazar did not. And if you would say that this land came into the possession of Pinehas as a dedicated field, as he was a priest, and he did not inherit it from his mother, the verse states: “His son,” indicating that it was an inheritance that was fitting for him, i.e., Elazar, had his wife not predeceased her legators, and his son inherited it.

וּבְנֵי אָחוֹת. תָּנָא: בְּנֵי אָחוֹת, וְלֹא בְּנוֹת אָחוֹת.

§ The mishna teaches: And sons of sisters, i.e., nephews born to the sisters of the deceased, inherit from their maternal uncles but do not bequeath to them. It is taught in a baraita: This halakha applies to sons of sisters but not to daughters of sisters.

לְמַאי הִלְכְתָא? אָמַר רַב שֵׁשֶׁת: לְקַדֵּם.

With regard to what halakha was this said? It is obvious that in principle daughters have the right to inherit from their maternal uncle, as the mother inherits from him. Rav Sheshet said: It is said to teach that where there are sons as well, they precede the daughters in inheriting from their maternal uncle.

תָּנֵי רַב שְׁמוּאֵל בַּר רַב יִצְחָק קַמֵּיהּ דְּרַב הוּנָא: ״וְיָרַשׁ״ – מַקִּישׁ יְרוּשָּׁה שְׁנִיָּה לִירוּשָּׁה רִאשׁוֹנָה; מָה יְרוּשָּׁה רִאשׁוֹנָה – בֵּן קוֹדֵם לַבַּת, אַף יְרוּשָּׁה שְׁנִיָּה – בֵּן קוֹדֵם לַבַּת.

Rav Shmuel bar Rav Yitzḥak taught a baraita before Rav Huna: At the end of the passage discussing inheritance of land, the verse states: “Then you shall give his inheritance to his kinsman who is next to him of his family, and he shall inherit it” (Numbers 27:11). The verse juxtaposes a secondary inheritance, that of one inheriting from other relatives, to a primary inheritance, that of a child inheriting from a parent. This teaches that just as with regard to a primary inheritance a son precedes a daughter, so too, with regard to a secondary inheritance a son precedes a daughter.

תָּנֵי רַבָּה בַּר חֲנִינָא קַמֵּיהּ דְּרַב נַחְמָן: ״וְהָיָה בְּיוֹם הַנְחִילוֹ אֶת בָּנָיו״ – בַּיוֹם אַתָּה מַפִּיל נַחֲלוֹת, וְאִי אַתָּה מַפִּיל נַחֲלוֹת בַּלַּיְלָה. אָמַר לֵיהּ אַבָּיֵי: אֶלָּא מֵעַתָּה, דְּשָׁכֵיב בִּימָמָא הוּא דְּיָרְתִי לֵיהּ בְּנֵיהּ, מַאן דְּשָׁכֵיב בְּלֵילְיָא לָא יָרְתִי לֵיהּ בְּנֵיהּ?!

§ Rabba bar Ḥanina taught a baraita before Rav Naḥman: A verse in the passage concerning the double portion inherited by a firstborn states: “Then it shall be on the day that he causes his sons to inherit that which he has” (Deuteronomy 21:16). The addition of the phrase “on the day” teaches that it is specifically during the day that you may distribute inheritances, but you may not distribute inheritances at night. Abaye said to him: That cannot be the halakha, as, if that is so, it ought to be that only one who dies during the day is the one from whom his children inherit, but with regard to one who dies at night, his children do not inherit from him, and this is not the case.

דִּלְמָא דִּין נַחֲלוֹת קָא אָמְרַתְּ? דְּתַנְיָא: ״וְהָיְתָה לִבְנֵי יִשְׂרָאֵל לְחֻקַּת מִשְׁפָּט״ – אוֹרְעָה כָּל הַפָּרָשָׁה כּוּלָּהּ לִהְיוֹת דִּין.

Abaye suggests a different interpretation of Rabba bar Ḥanina’s statement: Perhaps you said a distinction between day and night with regard to the adjudication of inheritances, as judges are permitted to sit only during the day. A proof for this distinction is as it is taught in a baraita: A verse in the passage concerning inheritance states: “And it shall be for the children of Israel a statute of judgment” (Numbers 27:11), teaching that the entire portion was placed [ure’a] together to be considered a matter of judgment, subject to the procedural rules of a court matter.

וְכִדְרַב יְהוּדָה, דְּאָמַר רַב יְהוּדָה: שְׁלֹשָׁה שֶׁנִּכְנְסוּ לְבַקֵּר אֶת הַחוֹלֶה, רָצוּ – כּוֹתְבִין, רָצוּ – עוֹשִׂין דִּין. שְׁנַיִם – כּוֹתְבִין וְאֵין עוֹשִׂין דִּין. וְאָמַר רַב חִסְדָּא: לֹא שָׁנוּ אֶלָּא בַּיּוֹם;

Abaye continues: And this is in accordance with the statement of Rav Yehuda, as Rav Yehuda says: In a case where there were three men who entered a room to visit a sick person and the sick person desired to write a will in order to distribute his property following his death, if the visitors wish to do so they may write his will and sign it as witnesses. And if they wish, they may act in judgment, i.e., they may act as a court in the matter, since there are three of them. Therefore, they can determine that the will has the validity of an act of court and transfer the property to the heirs in their capacity as a court. But if only two came to visit the sick person, they may write the will and sign it as witnesses, but they may not act in judgment, since three are required to form a court. And Rav Ḥisda says: This halakha was taught only in a case where the three came to visit him during the day,

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