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Bava Batra 131

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Summary

Today’s daf is sponsored by Aviva Appleman in loving memory of Florence Appleman on her first yahrzeit yesterday. “May her neshama have an aliya.”

Rava asks if Rabbi Yochanan ben Broka’s allowance for the father to favor one child over the others is only when one says so on one’s deathbed or even when healthy. Rav Meshashia answers from a braita where Rabbi Natan the Babylonian questions Rabbi Yehuda haNasi about the fact that the Mishna Ketubot 52b, in discussing the commitment in the ketuba to the wife’s male children, seems to follow Rabbi Yochanan ben Broka’s position. As the case related to a healthy person, it is clear Rabbi Yochanan Ben Broka also held his opinion for a healthy person. There is a further discussion between Abaye and Rav Pappa regarding the content of the braita and the question of why Rabbi Yehuda haNasi specifically answered the way he did and didn’t suggest a different answer.

If one writes that one is selling all of his possessions to his wife, or his oldest son, or his youngest son, or some random person, is it understood literally, that he is giving them all the possessions instead of giving to all his sons, or is it assumed that the man intended only to appoint them as an executor of his will and wrote it in that manner so that the recipients of the will would respect the executor?

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Bava Batra 131

מִגְמָר נָמֵי לָא תִּגְמְרוּ מִינֵּיהּ – דְּאֵין לַדַּיָּין אֶלָּא מַה שֶּׁעֵינָיו רוֹאוֹת.

but do not learn from it either, as a judge has only what his eyes see as the basis for his ruling. One must rule according to his own understanding.

בָּעֵי רָבָא: בְּבָרִיא הֵיאַךְ? כִּי קָאָמַר רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה – בִּשְׁכִיב מְרַע, דְּבַר אוֹרוֹתֵי הוּא; אֲבָל בְּבָרִיא – לָא; אוֹ דִלְמָא אֲפִילּוּ בְּבָרִיא נָמֵי?

§ Rava raises a dilemma: In the case of a healthy person who bequeaths his estate to one of his sons, how should the court rule? Should it be reasoned that when Rabbi Yoḥanan ben Beroka says that the bequeathal is valid, he said so specifically with regard to the case of a person on his deathbed, since he is capable of bequeathal, as the verse: “In the day that he causes his sons to inherit” (Deuteronomy 21:16), from which the validity of this bequeathal is derived, is referring specifically to the time of one’s death; but in the case of a healthy person, he did not say his ruling? Or perhaps he stated his ruling even in the case of a healthy person.

אֲמַר לֵיהּ רַב מְשַׁרְשְׁיָא לְרָבָא: תָּא שְׁמַע, דְּאָמַר לוֹ רַבִּי נָתָן לְרַבִּי: שְׁנִיתֶם מִשְׁנַתְכֶם כְּרַבִּי יוֹחָנָן בֶּן בְּרוֹקָה! דִּתְנַן: לֹא כָּתַב לָהּ ״בְּנִין דִּיכְרִין דְּיִהְוֹין לִיךְ מִינַּאי, אִינּוּן יִרְתוּן כֶּסֶף כְּתוּבְּתִיךְ יוֹתֵר עַל חוּלַקְיהוֹן דְּעִם אֲחוּהוֹן״ – חַיָּיב, שֶׁתְּנַאי בֵּית דִּין הוּא.

Rav Mesharshiyya said to Rava: Come and hear a resolution of your dilemma from a baraita, as Rabbi Natan said to Rabbi Yehuda HaNasi: You taught in your Mishna in accordance with the opinion of Rabbi Yoḥanan ben Beroka, as we learned in a mishna (Ketubot 52b): If the husband did not write for her in her marriage contract: Any male children you will have from me will inherit the money of your marriage contract in addition to their portion of the inheritance that they receive together with their brothers, he is nevertheless obligated as though he had written it, as it is a stipulation of the court and consequently takes effect even if it is not explicitly stated. This mishna is in accordance with the opinion of Rabbi Yoḥanan ben Beroka that one may add to the share of some of his sons at the expense of the others.

וְאָמַר לוֹ רַבִּי: ״יִסְּבוּן״ תְּנַן.

And Rabbi Yehuda HaNasi said to him: We did not learn that the male children she has from him will inherit the money of the marriage contract; that version is not accurate. Rather, we learned that they will take the money of the marriage contract, as a gift. When a bequeathal is worded in this manner, it is valid in any event, as stated in the previous mishna (126b).

וְאָמַר רַבִּי: יַלְדוּת הָיְתָה בִּי וְהֵעַזְתִּי פָּנַי בְּנָתָן הַבַּבְלִי – אֶלָּא דְּקַיְימָא לַן: בְּנִין דִּכְרִין לָא טָרְפָא מִמְּשַׁעְבְּדִי; אִי סָלְקָא דַּעְתָּךְ ״יִסְּבוּן״ תְּנַן, אַמַּאי לָא טָרְפָא מִמְּשַׁעְבְּדִי? אֶלָּא שְׁמַע מִינַּהּ: ״יִרְתוּן״ תְּנַן.

The baraita continues: And Rabbi Yehuda HaNasi later retracted his response, and said: My response was because of immaturity that I had in me, and I was insolent in the presence of Rabbi Natan the Babylonian by responding in a manner that is incorrect. It is incorrect for the following reason: But since we maintain that concerning an obligation detailed in a marriage document ensuring inheritance rights of a woman’s male children, the beneficiaries do not repossess liened property that has been sold, one can infer that they do not receive the money as a gift. As, if it enters your mind that we learned in the mishna that they will take the money as a gift, why don’t they repossess liened property? The gift was given to them before the property was sold to others. Rather, conclude from this claim that we learned in the mishna that they will inherit the money.

מַאן שָׁמְעַתְּ לֵיהּ דְּאִית לֵיהּ הַאי סְבָרָא – רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה, וּשְׁמַע מִינַּהּ אֲפִילּוּ בְּבָרִיא.

Rav Mesharshiyya concludes: Of whom have you heard that he holds this opinion that one can add to the inheritance of some of his sons at the expense of the others? It is the opinion of Rabbi Yoḥanan ben Beroka, and conclude from the mishna in Ketubot that his ruling applies even with regard to a healthy person, as one does not write a marriage contract on his deathbed. This resolves Rava’s dilemma.

אֲמַר לֵיהּ רַב פָּפָּא לְאַבָּיֵי: בֵּין לְמַאן דְּאָמַר ״יִסְּבוּן״, וּבֵין לְמַאן דְּאָמַר ״יִרְתוּן״, הָא אֵין אָדָם מַקְנֶה דָּבָר שֶׁלֹּא בָּא לָעוֹלָם!

Rav Pappa said to Abaye: How can one prove that the mishna in tractate Ketubot is in accordance with the opinion of Rabbi Yoḥanan ben Beroka? Whether according to the one who says that the correct version of the mishna is: They will take, and whether according to the one who says the correct version of the mishna is: They will inherit, the mishna is difficult, for the following reason: A person cannot transfer ownership of an entity that has not yet come into the world. How can the husband confer rights to his property to children that have yet to be born?

וַאֲפִילּוּ לְרַבִּי מֵאִיר דְּאָמַר: אָדָם מַקְנֶה דָּבָר שֶׁלֹּא בָּא לָעוֹלָם, הָנֵי מִילֵּי לְדָבָר שֶׁיֶּשְׁנוֹ בָּעוֹלָם, אֲבָל לְדָבָר שֶׁאֵינוֹ בָּעוֹלָם – לֹא!

Rav Pappa explains: And even according to Rabbi Meir, who says that a person can transfer ownership of an entity that has not yet come into the world, this statement applies specifically in a case where he transfers the item to an entity, i.e., a person, that is in the world; but with regard to transferring ownership of an item to an entity that is not yet in the world, e.g., to his children that have yet to be born, this statement does not apply. Therefore, the ruling of the mishna is difficult according to all opinions.

אֶלָּא תְּנַאי בֵּית דִּין שָׁאנֵי; הָכָא נָמֵי – תְּנַאי בֵּית דִּין שָׁאנֵי!

Rav Pappa explains: Rather, evidently a stipulation of the court is different. Since this clause of the marriage contract was instituted by rabbinic ordinance, it is not subject to the standard halakhot of transferring property, and one can transfer ownership of an item to an entity that is not yet in the world. Accordingly, here too, with regard to the dispute between Rabbi Yoḥanan ben Beroka and the Rabbis, a stipulation of the court is different, and even according to the Rabbis, who disagree with the opinion of Rabbi Yoḥanan ben Beroka, one can bequeath the money of his wife’s marriage contract to the male children she will have from him in any manner he chooses. Consequently, there is no proof that the mishna is in accordance with the opinion of Rabbi Yoḥanan ben Beroka.

אֲמַר לֵיהּ: מִשּׁוּם דְּקָא מַפֵּיק לַהּ בִּלְשׁוֹן ״יִרְתוּן״.

Abaye said to him: The assertion that the mishna is in accordance with the opinion of Rabbi Yoḥanan ben Beroka is due to the fact that it expresses this bequeathal with the wording: They will inherit, as opposed to: They will take. This indicates that a person can normally apportion his inheritance to his sons in any manner he wishes, in accordance with the opinion of Rabbi Yoḥanan ben Beroka.

הֲדַר אָמַר אַבָּיֵי: לָאו מִילְּתָא הִיא דַּאֲמַרִי, דִּתְנַן: לֹא כָּתַב לָהּ ״בְּנָן נוּקְבָן דְּיִהְוְיָין לִיכִי מִינַּאי, יִהְוְיָין יָתְבָן בְּבֵיתִי וְיִתַּזְנָן מִנִּכְסַאי עַד דְּתִילַּקְחָן לְגוּבְרִין״ – חַיָּיב, שֶׁהוּא תְּנַאי בֵּית דִּין.

Abaye then said: That which I said is not correct. The expression: They will inherit, is appropriate even according to the Rabbis, who disagree with Rabbi Yoḥanan ben Beroka, as we learned in the continuation of that mishna that even if the husband did not write for his wife: Any female children you will have from me will sit in my house and be sustained from my property until they are taken by men, i.e., until they are married, he is nevertheless obligated as though he had written it, as it too is a stipulation of the court.

וְהָוֵה לָזֶה בְּמַתָּנָה וְלָזֶה בִּירוּשָׁה, וְכֹל לָזֶה בִּירוּשָּׁה וְלָזֶה בְּמַתָּנָה – אֲפִילּוּ רַבָּנַן מוֹדוּ.

And since these two clauses are written adjacent to each other in the marriage contract, it is effectively a case where one bequeaths his estate to two people: To this one, the daughters, as a gift, and to that one, the sons, as an inheritance. And in any case where one bequeaths his estate to this person as an inheritance and to that person as a gift, even the Rabbis concede that the bequest is valid even if it is to people who are not his heirs, as it is considered a gift with regard to both recipients.

אֲמַר לֵיהּ רַב נְחוּמִי וְאִית דְּאָמַר רַב חֲנַנְיָה בַּר מִנְיוֹמֵי, לְאַבָּיֵי:

Rav Naḥumi, and some say it was Rav Ḥananya bar Minyumi, said to Abaye:

מִמַּאי דִּבְחַד בֵּי דִינָא אִיתְּקוּן? דִּלְמָא בִּתְרֵי בֵּי דִינָא אִיתְּקוּן!

From where do you conclude that both clauses, the one for the benefit of the sons and the one for the benefit of the daughters, were instituted by one court and are therefore each read in light of the other? Perhaps they were instituted by two different courts and are unrelated to each other. Accordingly, the wording of the gift and the wording of the inheritance are not part of the same statement.

לָא סָלְקָא דַּעְתָּךְ, דְּקָתָנֵי רֵישָׁא: זֶה מִדְרָשׁ דָּרַשׁ רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה לִפְנֵי חֲכָמִים בַּכֶּרֶם בְּיַבְנֶה: הַבָּנִים יִירְשׁוּ וְהַבָּנוֹת יִזּוֹנוּ; מָה הַבָּנִים אֵינָן יוֹרְשִׁין אֶלָּא לְאַחַר מִיתַת אֲבִיהֶם, אַף בָּנוֹת לֹא יִזּוֹנוּ אֶלָּא לְאַחַר מִיתַת אֲבִיהֶן.

The Gemara answers: This possibility should not enter your mind, as the former clause of that mishna teaches (Ketubot 49a): A father is not obligated to provide his daughter’s sustenance. This interpretation was interpreted by Rabbi Elazar ben Azarya before the Sages of the vineyard in Yavne: Since the Sages instituted that after the father’s death, the sons inherit the sum of money specified in their mother’s marriage contract, and the daughters are sustained from their father’s estate, these two halakhot are equated: Just as the sons inherit only after their father’s death, not during his lifetime, so too, the daughters are sustained from their father’s property only after their father’s death.

אִי אָמְרַתְּ בִּשְׁלָמָא בְּחַד בֵּי דִינָא אִיתְּקוּן, הַיְינוּ דְּיָלְפִינַן תַּקָּנָה מִתַּקָּנָה. אֶלָּא אִי אָמְרַתְּ בִּתְרֵי בֵּי דִינָא אִיתְּקוּן, הֵיכִי יָלְפִינַן תַּקָּנָה מִתַּקָּנָה?

The Gemara explains: Granted, if you say that the two clauses were instituted by one court, this is the reason that we derive the halakhot of one ordinance from the halakhot of the other ordinance, under the assumption that a court institutes ordinances in a consistent manner. But if you say that they were instituted by two distinct courts operating in different periods, how can we derive the halakhot of one ordinance from the halakhot of the other ordinance?

מִמַּאי? דִּלְמָא לְעוֹלָם אֵימָא לָךְ בִּתְרֵי בֵּי דִינָא אִיתְּקוּן; וּבֵי דִינָא בָּתְרָא תַּקּוּן כְּבֵי דִינָא קַמָּא, כִּי הֵיכִי דְּלָא תִּקְשֵׁה תַּקַּנְתָּא אַתַּקַּנְתָּא.

The Gemara rejects this explanation: From where is it assumed that they were instituted by one court? Actually, I will say to you that perhaps the two clauses were instituted by two separate courts, and nevertheless Rabbi Elazar ben Azarya derived the halakhot of one ordinance from the halakhot of the other ordinance, because the latter court presumably instituted its ordinance in accordance with the format of the former court, so that one should not ask about contradictions between one ordinance and the other ordinance. With regard to the halakhot of inheritance, there is no reason to read the two clauses in light of the other.

אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: הַכּוֹתֵב כׇּל נְכָסָיו לְאִשְׁתּוֹ – לֹא עֲשָׂאָהּ אֶלָּא אַפּוֹטְרוֹפָּא.

§ Rav Yehuda says that Shmuel says: A person on his deathbed who writes a document granting all his property to his wife has merely rendered her a steward. The assumption is that he did not intend to deprive his heirs of their entire inheritance. Rather, he intended to appoint her as a steward in charge of the property, so that the heirs will honor her.

פְּשִׁיטָא, בְּנוֹ הַגָּדוֹל – לֹא עֲשָׂאוֹ אֶלָּא אַפּוֹטְרוֹפּוֹס. בְּנוֹ הַקָּטָן מַאי?

The Gemara discusses similar cases: It is obvious that if one writes a document granting all his property to his adult son, he does not intend to give him the entire inheritance, but to have him distribute it among his brothers. Rather, he has merely rendered him a steward [apotropos]. If he writes it to his minor son, what is the halakha? Is it still assumed that his intention is to appoint him as a steward, or is that implausible since a minor boy is not yet capable of assuming this position and therefore the father apparently intended to bequeath to him the entire inheritance?

אִיתְּמַר, רַב חֲנִילַאי בַּר אִידֵּי אָמַר שְׁמוּאֵל: אֲפִילּוּ בְּנוֹ קָטָן הַמּוּטָּל בַּעֲרִיסָה.

It was stated that Rav Ḥanilai bar Idi says that Shmuel says that even if one wrote a document granting all his property to his minor son who is lying in his crib, he does not receive the entire inheritance. Rather, the father presumably intended to appoint him as a steward when he reached adulthood, so that the other heirs would honor him.

פְּשִׁיטָא, בְּנוֹ וְאַחֵר – אַחֵר בְּמַתָּנָה, וּבְנוֹ אַפּוֹטְרוֹפּוֹס. אִשְׁתּוֹ וְאַחֵר – לְאַחֵר בְּמַתָּנָה, וְאִשְׁתּוֹ אַפּוֹטְרוֹפּוֹס.

The Gemara states: It is obvious that if one wrote a document granting all his property to his son and another person, he intended to give the other person half the property as a gift, and to appoint his son a steward to oversee the property of his brothers, with whom he shares the other half. Similarly, if he wrote a document granting all his property to his wife and another person, he intended to give the other person half the property as a gift, and to appoint his wife a steward to oversee the other half of the property for his sons.

אִשְׁתּוֹ אֲרוּסָה וְאִשְׁתּוֹ גְּרוּשָׁה – בְּמַתָּנָה.

Furthermore, it is obvious that if one wrote a document granting all his property to his betrothed wife, whom he did not yet wed, or to his former wife, whom he had divorced, he intended to give it to them as a gift, as he had no reason to have his heirs honor them.

אִיבַּעְיָא לְהוּ: בַּת אֵצֶל הַבָּנִים, וְאִשָּׁה אֵצֶל הָאַחִים, וְאִשָּׁה אֵצֶל בְּנֵי הַבַּעַל, מַהוּ?

A dilemma was raised before the Sages: If one wrote a document granting all his property to his daughter before his sons, in a case where he has sons who would inherit from him, or to his wife before his brothers, or to his wife before the husband’s sons who are not her sons, what is the halakha? Is it assumed that his intention was to appoint her as a steward or to give her the property as a gift?

אָמַר רָבִינָא מִשְּׁמֵיהּ דְּרָבָא: בְּכוּלְּהוּ לֹא קָנָה, לְבַר מֵאִשְׁתּוֹ אֲרוּסָה וְאִשְׁתּוֹ גְּרוּשָׁה. רַב עַוִּירָא מִשְּׁמֵיהּ דְּרָבָא אָמַר: בְּכוּלְּהוּ קָנֵי, לְבַר מֵהָאִשָּׁה אֵצֶל הָאַחִין וְאִשָּׁה אֵצֶל בְּנֵי הַבַּעַל.

Ravina said in the name of Rava that in all of these cases the recipient did not acquire the property. Rather, he or she was merely appointed a steward, except for the cases of his betrothed wife and his former wife whom he divorced. By contrast, Rav Avira said in the name of Rava that in all of these cases the recipient acquired the property, except for the cases of his wife before his brothers and his wife before the husband’s sons, where he clearly intended only to appoint her as a steward.

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Jill Shames

Jerusalem, Israel

I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.

Beth Elster
Beth Elster

Irvine, United States

I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!

Keren Carter
Keren Carter

Brentwood, California, United States

A friend mentioned that she was starting Daf Yomi in January 2020. I had heard of it and thought, why not? I decided to try it – go day by day and not think about the seven plus year commitment. Fast forward today, over two years in and I can’t imagine my life without Daf Yomi. It’s part of my morning ritual. If I have a busy day ahead of me I set my alarm to get up early to finish the day’s daf
Debbie Fitzerman
Debbie Fitzerman

Ontario, Canada

I had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.

Krivosha_Terri_Bio
Terri Krivosha

Minneapolis, United States

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 curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.

Miriam Pollack
Miriam Pollack

Honolulu, Hawaii, United States

I am a Reform rabbi and took Talmud courses in rabbinical school, but I knew there was so much more to learn. It felt inauthentic to serve as a rabbi without having read the entire Talmud, so when the opportunity arose to start Daf Yomi in 2020, I dove in! Thanks to Hadran, Daf Yomi has enriched my understanding of rabbinic Judaism and deepened my love of Jewish text & tradition. Todah rabbah!

Rabbi Nicki Greninger
Rabbi Nicki Greninger

California, United States

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

When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.

Shira Krebs
Shira Krebs

Minnesota, United States

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

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

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, 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

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

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

Bava Batra 131

ΧžΦ΄Χ’Φ°ΧžΦΈΧ¨ Χ ΦΈΧžΦ΅Χ™ לָא ΧͺΦΌΦ΄Χ’Φ°ΧžΦ°Χ¨Χ•ΦΌ ΧžΦ΄Χ™Χ ΦΌΦ΅Χ™Χ”ΦΌ – Χ“ΦΌΦ°ΧΦ΅Χ™ΧŸ ΧœΦ·Χ“ΦΌΦ·Χ™ΦΌΦΈΧ™ΧŸ א֢לָּא ΧžΦ·Χ” שּׁ֢ג֡ינָיו רוֹאוֹΧͺ.

but do not learn from it either, as a judge has only what his eyes see as the basis for his ruling. One must rule according to his own understanding.

Χ‘ΦΌΦΈΧ’Φ΅Χ™ רָבָא: בְּבָרִיא Χ”Φ΅Χ™ΧΦ·ΧšΦ°? Χ›ΦΌΦ΄Χ™ קָאָמַר Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ—ΦΈΧ ΦΈΧŸ Χ‘ΦΌΦΆΧŸ Χ‘ΦΌΦ°Χ¨Χ•ΦΉΧ§ΦΈΧ” – בִּשְׁכִיב מְרַג, Χ“ΦΌΦ°Χ‘Φ·Χ¨ אוֹרוֹΧͺΦ΅Χ™ הוּא; ΧΦ²Χ‘ΦΈΧœ בְּבָרִיא – לָא; אוֹ Χ“Φ΄ΧœΦ°ΧžΦΈΧ ΧΦ²Χ€Φ΄Χ™ΧœΦΌΧ•ΦΌ בְּבָרִיא Χ ΦΈΧžΦ΅Χ™?

Β§ Rava raises a dilemma: In the case of a healthy person who bequeaths his estate to one of his sons, how should the court rule? Should it be reasoned that when Rabbi YoαΈ₯anan ben Beroka says that the bequeathal is valid, he said so specifically with regard to the case of a person on his deathbed, since he is capable of bequeathal, as the verse: β€œIn the day that he causes his sons to inherit” (Deuteronomy 21:16), from which the validity of this bequeathal is derived, is referring specifically to the time of one’s death; but in the case of a healthy person, he did not say his ruling? Or perhaps he stated his ruling even in the case of a healthy person.

אֲמַר ΧœΦ΅Χ™Χ”ΦΌ Χ¨Φ·Χ‘ ΧžΦ°Χ©ΧΦ·Χ¨Φ°Χ©ΧΦ°Χ™ΦΈΧ ΧœΦ°Χ¨ΦΈΧ‘ΦΈΧ: Χͺָּא שְׁמַג, Χ“ΦΌΦ°ΧΦΈΧžΦ·Χ¨ ΧœΧ•ΦΉ Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ ΦΈΧͺָן ΧœΦ°Χ¨Φ·Χ‘ΦΌΦ΄Χ™: שְׁנִיΧͺ֢ם מִשְׁנַΧͺְכ֢ם Χ›ΦΌΦ°Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ—ΦΈΧ ΦΈΧŸ Χ‘ΦΌΦΆΧŸ Χ‘ΦΌΦ°Χ¨Χ•ΦΉΧ§ΦΈΧ”! Χ“ΦΌΦ΄Χͺְנַן: לֹא Χ›ΦΌΦΈΧͺΦ·Χ‘ ΧœΦΈΧ”ΦΌ Χ΄Χ‘ΦΌΦ°Χ Φ΄Χ™ΧŸ Χ“ΦΌΦ΄Χ™Χ›Φ°Χ¨Φ΄Χ™ΧŸ Χ“ΦΌΦ°Χ™Φ΄Χ”Φ°Χ•ΦΉΧ™ΧŸ ΧœΦ΄Χ™ΧšΦ° ΧžΦ΄Χ™Χ ΦΌΦ·ΧΧ™, ΧΦ΄Χ™Χ ΦΌΧ•ΦΌΧŸ Χ™Φ΄Χ¨Φ°ΧͺΧ•ΦΌΧŸ Χ›ΦΌΦΆΧ‘ΦΆΧ£ Χ›ΦΌΦ°ΧͺΧ•ΦΌΧ‘ΦΌΦ°ΧͺΦ΄Χ™ΧšΦ° Χ™Χ•ΦΉΧͺΦ΅Χ¨ גַל Χ—Χ•ΦΌΧœΦ·Χ§Φ°Χ™Χ”Χ•ΦΉΧŸ דְּגִם ΧΦ²Χ—Χ•ΦΌΧ”Χ•ΦΉΧŸΧ΄ – Χ—Φ·Χ™ΦΌΦΈΧ™Χ‘, שׁ֢Χͺְּנַאי Χ‘ΦΌΦ΅Χ™Χͺ Χ“ΦΌΦ΄Χ™ΧŸ הוּא.

Rav Mesharshiyya said to Rava: Come and hear a resolution of your dilemma from a baraita, as Rabbi Natan said to Rabbi Yehuda HaNasi: You taught in your Mishna in accordance with the opinion of Rabbi YoαΈ₯anan ben Beroka, as we learned in a mishna (Ketubot 52b): If the husband did not write for her in her marriage contract: Any male children you will have from me will inherit the money of your marriage contract in addition to their portion of the inheritance that they receive together with their brothers, he is nevertheless obligated as though he had written it, as it is a stipulation of the court and consequently takes effect even if it is not explicitly stated. This mishna is in accordance with the opinion of Rabbi YoαΈ₯anan ben Beroka that one may add to the share of some of his sons at the expense of the others.

Χ•Φ°ΧΦΈΧžΦ·Χ¨ ΧœΧ•ΦΉ Χ¨Φ·Χ‘ΦΌΦ΄Χ™: Χ΄Χ™Φ΄Χ‘ΦΌΦ°Χ‘Χ•ΦΌΧŸΧ΄ Χͺְּנַן.

And Rabbi Yehuda HaNasi said to him: We did not learn that the male children she has from him will inherit the money of the marriage contract; that version is not accurate. Rather, we learned that they will take the money of the marriage contract, as a gift. When a bequeathal is worded in this manner, it is valid in any event, as stated in the previous mishna (126b).

Χ•Φ°ΧΦΈΧžΦ·Χ¨ Χ¨Φ·Χ‘ΦΌΦ΄Χ™: Χ™Φ·ΧœΦ°Χ“Χ•ΦΌΧͺ Χ”ΦΈΧ™Φ°ΧͺΦΈΧ” Χ‘ΦΌΦ΄Χ™ Χ•Φ°Χ”Φ΅Χ’Φ·Χ–Φ°ΧͺΦΌΦ΄Χ™ Χ€ΦΌΦΈΧ Φ·Χ™ Χ‘ΦΌΦ°Χ ΦΈΧͺָן Χ”Φ·Χ‘ΦΌΦ·Χ‘Φ°ΧœΦ΄Χ™ – א֢לָּא Χ“ΦΌΦ°Χ§Φ·Χ™Φ°Χ™ΧžΦΈΧ לַן: Χ‘ΦΌΦ°Χ Φ΄Χ™ΧŸ Χ“ΦΌΦ΄Χ›Φ°Χ¨Φ΄Χ™ΧŸ לָא טָרְ׀ָא ΧžΦ΄ΧžΦΌΦ°Χ©ΧΦ·Χ’Φ°Χ‘ΦΌΦ°Χ“Φ΄Χ™; אִי בָלְקָא Χ“ΦΌΦ·Χ’Φ°Χͺָּךְ Χ΄Χ™Φ΄Χ‘ΦΌΦ°Χ‘Χ•ΦΌΧŸΧ΄ Χͺְּנַן, ΧΦ·ΧžΦΌΦ·ΧΧ™ לָא טָרְ׀ָא ΧžΦ΄ΧžΦΌΦ°Χ©ΧΦ·Χ’Φ°Χ‘ΦΌΦ°Χ“Φ΄Χ™? א֢לָּא שְׁמַג ΧžΦ΄Χ™Χ ΦΌΦ·Χ”ΦΌ: Χ΄Χ™Φ΄Χ¨Φ°ΧͺΧ•ΦΌΧŸΧ΄ Χͺְּנַן.

The baraita continues: And Rabbi Yehuda HaNasi later retracted his response, and said: My response was because of immaturity that I had in me, and I was insolent in the presence of Rabbi Natan the Babylonian by responding in a manner that is incorrect. It is incorrect for the following reason: But since we maintain that concerning an obligation detailed in a marriage document ensuring inheritance rights of a woman’s male children, the beneficiaries do not repossess liened property that has been sold, one can infer that they do not receive the money as a gift. As, if it enters your mind that we learned in the mishna that they will take the money as a gift, why don’t they repossess liened property? The gift was given to them before the property was sold to others. Rather, conclude from this claim that we learned in the mishna that they will inherit the money.

מַאן שָׁמְגַΧͺΦΌΦ° ΧœΦ΅Χ™Χ”ΦΌ דְּאִיΧͺ ΧœΦ΅Χ™Χ”ΦΌ הַאי בְבָרָא – Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ—ΦΈΧ ΦΈΧŸ Χ‘ΦΌΦΆΧŸ Χ‘ΦΌΦ°Χ¨Χ•ΦΉΧ§ΦΈΧ”, Χ•ΦΌΧ©ΧΦ°ΧžΦ·Χ’ ΧžΦ΄Χ™Χ ΦΌΦ·Χ”ΦΌ ΧΦ²Χ€Φ΄Χ™ΧœΦΌΧ•ΦΌ בְּבָרִיא.

Rav Mesharshiyya concludes: Of whom have you heard that he holds this opinion that one can add to the inheritance of some of his sons at the expense of the others? It is the opinion of Rabbi YoαΈ₯anan ben Beroka, and conclude from the mishna in Ketubot that his ruling applies even with regard to a healthy person, as one does not write a marriage contract on his deathbed. This resolves Rava’s dilemma.

אֲמַר ΧœΦ΅Χ™Χ”ΦΌ Χ¨Φ·Χ‘ ׀ָּ׀ָּא ΧœΦ°ΧΦ·Χ‘ΦΌΦΈΧ™Φ΅Χ™: Χ‘ΦΌΦ΅Χ™ΧŸ לְמַאן Χ“ΦΌΦ°ΧΦΈΧžΦ·Χ¨ Χ΄Χ™Φ΄Χ‘ΦΌΦ°Χ‘Χ•ΦΌΧŸΧ΄, Χ•ΦΌΧ‘Φ΅Χ™ΧŸ לְמַאן Χ“ΦΌΦ°ΧΦΈΧžΦ·Χ¨ Χ΄Χ™Φ΄Χ¨Φ°ΧͺΧ•ΦΌΧŸΧ΄, הָא ΧΦ΅Χ™ΧŸ אָדָם ΧžΦ·Χ§Φ°Χ ΦΆΧ” Χ“ΦΌΦΈΧ‘ΦΈΧ¨ שׁ֢לֹּא בָּא ΧœΦΈΧ’Χ•ΦΉΧœΦΈΧ!

Rav Pappa said to Abaye: How can one prove that the mishna in tractate Ketubot is in accordance with the opinion of Rabbi YoαΈ₯anan ben Beroka? Whether according to the one who says that the correct version of the mishna is: They will take, and whether according to the one who says the correct version of the mishna is: They will inherit, the mishna is difficult, for the following reason: A person cannot transfer ownership of an entity that has not yet come into the world. How can the husband confer rights to his property to children that have yet to be born?

Χ•Φ·ΧΦ²Χ€Φ΄Χ™ΧœΦΌΧ•ΦΌ ΧœΦ°Χ¨Φ·Χ‘ΦΌΦ΄Χ™ ΧžΦ΅ΧΦ΄Χ™Χ¨ Χ“ΦΌΦ°ΧΦΈΧžΦ·Χ¨: אָדָם ΧžΦ·Χ§Φ°Χ ΦΆΧ” Χ“ΦΌΦΈΧ‘ΦΈΧ¨ שׁ֢לֹּא בָּא ΧœΦΈΧ’Χ•ΦΉΧœΦΈΧ, Χ”ΦΈΧ Φ΅Χ™ ΧžΦ΄Χ™ΧœΦΌΦ΅Χ™ ΧœΦ°Χ“ΦΈΧ‘ΦΈΧ¨ שׁ֢יּ֢שְׁנוֹ Χ‘ΦΌΦΈΧ’Χ•ΦΉΧœΦΈΧ, ΧΦ²Χ‘ΦΈΧœ ΧœΦ°Χ“ΦΈΧ‘ΦΈΧ¨ שׁ֢א֡ינוֹ Χ‘ΦΌΦΈΧ’Χ•ΦΉΧœΦΈΧ – לֹא!

Rav Pappa explains: And even according to Rabbi Meir, who says that a person can transfer ownership of an entity that has not yet come into the world, this statement applies specifically in a case where he transfers the item to an entity, i.e., a person, that is in the world; but with regard to transferring ownership of an item to an entity that is not yet in the world, e.g., to his children that have yet to be born, this statement does not apply. Therefore, the ruling of the mishna is difficult according to all opinions.

א֢לָּא Χͺְּנַאי Χ‘ΦΌΦ΅Χ™Χͺ Χ“ΦΌΦ΄Χ™ΧŸ שָׁאנ֡י; הָכָא Χ ΦΈΧžΦ΅Χ™ – Χͺְּנַאי Χ‘ΦΌΦ΅Χ™Χͺ Χ“ΦΌΦ΄Χ™ΧŸ שָׁאנ֡י!

Rav Pappa explains: Rather, evidently a stipulation of the court is different. Since this clause of the marriage contract was instituted by rabbinic ordinance, it is not subject to the standard halakhot of transferring property, and one can transfer ownership of an item to an entity that is not yet in the world. Accordingly, here too, with regard to the dispute between Rabbi YoαΈ₯anan ben Beroka and the Rabbis, a stipulation of the court is different, and even according to the Rabbis, who disagree with the opinion of Rabbi YoαΈ₯anan ben Beroka, one can bequeath the money of his wife’s marriage contract to the male children she will have from him in any manner he chooses. Consequently, there is no proof that the mishna is in accordance with the opinion of Rabbi YoαΈ₯anan ben Beroka.

אֲמַר ΧœΦ΅Χ™Χ”ΦΌ: ΧžΦ΄Χ©ΦΌΧΧ•ΦΌΧ דְּקָא ΧžΦ·Χ€ΦΌΦ΅Χ™Χ§ ΧœΦ·Χ”ΦΌ Χ‘ΦΌΦ΄ΧœΦ°Χ©ΧΧ•ΦΉΧŸ Χ΄Χ™Φ΄Χ¨Φ°ΧͺΧ•ΦΌΧŸΧ΄.

Abaye said to him: The assertion that the mishna is in accordance with the opinion of Rabbi YoαΈ₯anan ben Beroka is due to the fact that it expresses this bequeathal with the wording: They will inherit, as opposed to: They will take. This indicates that a person can normally apportion his inheritance to his sons in any manner he wishes, in accordance with the opinion of Rabbi YoαΈ₯anan ben Beroka.

Χ”Φ²Χ“Φ·Χ¨ אָמַר אַבָּי֡י: ΧœΦΈΧΧ• ΧžΦ΄Χ™ΧœΦΌΦ°Χͺָא הִיא Χ“ΦΌΦ·ΧΦ²ΧžΦ·Χ¨Φ΄Χ™, Χ“ΦΌΦ΄Χͺְנַן: לֹא Χ›ΦΌΦΈΧͺΦ·Χ‘ ΧœΦΈΧ”ΦΌ Χ΄Χ‘ΦΌΦ°Χ ΦΈΧŸ Χ Χ•ΦΌΧ§Φ°Χ‘ΦΈΧŸ Χ“ΦΌΦ°Χ™Φ΄Χ”Φ°Χ•Φ°Χ™ΦΈΧ™ΧŸ ΧœΦ΄Χ™Χ›Φ΄Χ™ ΧžΦ΄Χ™Χ ΦΌΦ·ΧΧ™, Χ™Φ΄Χ”Φ°Χ•Φ°Χ™ΦΈΧ™ΧŸ Χ™ΦΈΧͺΦ°Χ‘ΦΈΧŸ Χ‘ΦΌΦ°Χ‘Φ΅Χ™ΧͺΦ΄Χ™ Χ•Φ°Χ™Φ΄ΧͺΦΌΦ·Χ–Φ°Χ ΦΈΧŸ ΧžΦ΄Χ ΦΌΦ΄Χ›Φ°Χ‘Φ·ΧΧ™ Χ’Φ·Χ“ Χ“ΦΌΦ°ΧͺΦ΄Χ™ΧœΦΌΦ·Χ§Φ°Χ—ΦΈΧŸ ΧœΦ°Χ’Χ•ΦΌΧ‘Φ°Χ¨Φ΄Χ™ΧŸΧ΄ – Χ—Φ·Χ™ΦΌΦΈΧ™Χ‘, שׁ֢הוּא Χͺְּנַאי Χ‘ΦΌΦ΅Χ™Χͺ Χ“ΦΌΦ΄Χ™ΧŸ.

Abaye then said: That which I said is not correct. The expression: They will inherit, is appropriate even according to the Rabbis, who disagree with Rabbi YoαΈ₯anan ben Beroka, as we learned in the continuation of that mishna that even if the husband did not write for his wife: Any female children you will have from me will sit in my house and be sustained from my property until they are taken by men, i.e., until they are married, he is nevertheless obligated as though he had written it, as it too is a stipulation of the court.

Χ•Φ°Χ”ΦΈΧ•Φ΅Χ” ΧœΦΈΧ–ΦΆΧ” Χ‘ΦΌΦ°ΧžΦ·ΧͺΦΌΦΈΧ ΦΈΧ” Χ•Φ°ΧœΦΈΧ–ΦΆΧ” בִּירוּשָׁה, Χ•Φ°Χ›ΦΉΧœ ΧœΦΈΧ–ΦΆΧ” בִּירוּשָּׁה Χ•Φ°ΧœΦΈΧ–ΦΆΧ” Χ‘ΦΌΦ°ΧžΦ·ΧͺΦΌΦΈΧ ΦΈΧ” – ΧΦ²Χ€Φ΄Χ™ΧœΦΌΧ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ ΧžΧ•ΦΉΧ“Χ•ΦΌ.

And since these two clauses are written adjacent to each other in the marriage contract, it is effectively a case where one bequeaths his estate to two people: To this one, the daughters, as a gift, and to that one, the sons, as an inheritance. And in any case where one bequeaths his estate to this person as an inheritance and to that person as a gift, even the Rabbis concede that the bequest is valid even if it is to people who are not his heirs, as it is considered a gift with regard to both recipients.

אֲמַר ΧœΦ΅Χ™Χ”ΦΌ Χ¨Φ·Χ‘ Χ Φ°Χ—Χ•ΦΌΧžΦ΄Χ™ וְאִיΧͺ Χ“ΦΌΦ°ΧΦΈΧžΦ·Χ¨ Χ¨Φ·Χ‘ Χ—Φ²Χ Φ·Χ Φ°Χ™ΦΈΧ” Χ‘ΦΌΦ·Χ¨ ΧžΦ΄Χ Φ°Χ™Χ•ΦΉΧžΦ΅Χ™, ΧœΦ°ΧΦ·Χ‘ΦΌΦΈΧ™Φ΅Χ™:

Rav NaαΈ₯umi, and some say it was Rav αΈ€ananya bar Minyumi, said to Abaye:

ΧžΦ΄ΧžΦΌΦ·ΧΧ™ Χ“ΦΌΦ΄Χ‘Φ°Χ—Φ·Χ“ Χ‘ΦΌΦ΅Χ™ דִינָא אִיΧͺΦΌΦ°Χ§Χ•ΦΌΧŸ? Χ“ΦΌΦ΄ΧœΦ°ΧžΦΈΧ Χ‘ΦΌΦ΄ΧͺΦ°Χ¨Φ΅Χ™ Χ‘ΦΌΦ΅Χ™ דִינָא אִיΧͺΦΌΦ°Χ§Χ•ΦΌΧŸ!

From where do you conclude that both clauses, the one for the benefit of the sons and the one for the benefit of the daughters, were instituted by one court and are therefore each read in light of the other? Perhaps they were instituted by two different courts and are unrelated to each other. Accordingly, the wording of the gift and the wording of the inheritance are not part of the same statement.

לָא בָלְקָא Χ“ΦΌΦ·Χ’Φ°Χͺָּךְ, Χ“ΦΌΦ°Χ§ΦΈΧͺΦΈΧ Φ΅Χ™ ר֡ישָׁא: Χ–ΦΆΧ” ΧžΦ΄Χ“Φ°Χ¨ΦΈΧ©Χ דָּרַשׁ Χ¨Φ·Χ‘ΦΌΦ΄Χ™ ΧΦΆΧœΦ°Χ’ΦΈΧ–ΦΈΧ¨ Χ‘ΦΌΦΆΧŸ Χ’Φ²Χ–Φ·Χ¨Φ°Χ™ΦΈΧ” ΧœΦ΄Χ€Φ°Χ Φ΅Χ™ Χ—Φ²Χ›ΦΈΧžΦ΄Χ™Χ בַּכּ֢ר֢ם Χ‘ΦΌΦ°Χ™Φ·Χ‘Φ°Χ ΦΆΧ”: הַבָּנִים יִירְשׁוּ Χ•Φ°Χ”Φ·Χ‘ΦΌΦΈΧ Χ•ΦΉΧͺ Χ™Φ΄Χ–ΦΌΧ•ΦΉΧ Χ•ΦΌ; ΧžΦΈΧ” הַבָּנִים ΧΦ΅Χ™Χ ΦΈΧŸ Χ™Χ•ΦΉΧ¨Φ°Χ©ΧΦ΄Χ™ΧŸ א֢לָּא ΧœΦ°ΧΦ·Χ—Φ·Χ¨ ΧžΦ΄Χ™ΧͺΦ·Χͺ אֲבִיה֢ם, אַף Χ‘ΦΌΦΈΧ Χ•ΦΉΧͺ לֹא Χ™Φ΄Χ–ΦΌΧ•ΦΉΧ Χ•ΦΌ א֢לָּא ΧœΦ°ΧΦ·Χ—Φ·Χ¨ ΧžΦ΄Χ™ΧͺΦ·Χͺ ΧΦ²Χ‘Φ΄Χ™Χ”ΦΆΧŸ.

The Gemara answers: This possibility should not enter your mind, as the former clause of that mishna teaches (Ketubot 49a): A father is not obligated to provide his daughter’s sustenance. This interpretation was interpreted by Rabbi Elazar ben Azarya before the Sages of the vineyard in Yavne: Since the Sages instituted that after the father’s death, the sons inherit the sum of money specified in their mother’s marriage contract, and the daughters are sustained from their father’s estate, these two halakhot are equated: Just as the sons inherit only after their father’s death, not during his lifetime, so too, the daughters are sustained from their father’s property only after their father’s death.

אִי אָמְרַΧͺΦΌΦ° Χ‘ΦΌΦ΄Χ©ΧΦ°ΧœΦΈΧžΦΈΧ Χ‘ΦΌΦ°Χ—Φ·Χ“ Χ‘ΦΌΦ΅Χ™ דִינָא אִיΧͺΦΌΦ°Χ§Χ•ΦΌΧŸ, Χ”Φ·Χ™Φ°Χ™Χ Χ•ΦΌ Χ“ΦΌΦ°Χ™ΦΈΧœΦ°Χ€Φ΄Χ™Χ Φ·ΧŸ ΧͺΦΌΦ·Χ§ΦΌΦΈΧ ΦΈΧ” מִΧͺΦΌΦ·Χ§ΦΌΦΈΧ ΦΈΧ”. א֢לָּא אִי אָמְרַΧͺΦΌΦ° Χ‘ΦΌΦ΄ΧͺΦ°Χ¨Φ΅Χ™ Χ‘ΦΌΦ΅Χ™ דִינָא אִיΧͺΦΌΦ°Χ§Χ•ΦΌΧŸ, Χ”Φ΅Χ™Χ›Φ΄Χ™ Χ™ΦΈΧœΦ°Χ€Φ΄Χ™Χ Φ·ΧŸ ΧͺΦΌΦ·Χ§ΦΌΦΈΧ ΦΈΧ” מִΧͺΦΌΦ·Χ§ΦΌΦΈΧ ΦΈΧ”?

The Gemara explains: Granted, if you say that the two clauses were instituted by one court, this is the reason that we derive the halakhot of one ordinance from the halakhot of the other ordinance, under the assumption that a court institutes ordinances in a consistent manner. But if you say that they were instituted by two distinct courts operating in different periods, how can we derive the halakhot of one ordinance from the halakhot of the other ordinance?

ΧžΦ΄ΧžΦΌΦ·ΧΧ™? Χ“ΦΌΦ΄ΧœΦ°ΧžΦΈΧ ΧœΦ°Χ’Χ•ΦΉΧœΦΈΧ ΧΦ΅Χ™ΧžΦΈΧ לָךְ Χ‘ΦΌΦ΄ΧͺΦ°Χ¨Φ΅Χ™ Χ‘ΦΌΦ΅Χ™ דִינָא אִיΧͺΦΌΦ°Χ§Χ•ΦΌΧŸ; Χ•ΦΌΧ‘Φ΅Χ™ דִינָא Χ‘ΦΌΦΈΧͺְרָא ΧͺΦΌΦ·Χ§ΦΌΧ•ΦΌΧŸ Χ›ΦΌΦ°Χ‘Φ΅Χ™ דִינָא קַמָּא, Χ›ΦΌΦ΄Χ™ Χ”Φ΅Χ™Χ›Φ΄Χ™ Χ“ΦΌΦ°ΧœΦΈΧ Χͺִּקְשׁ֡ה ΧͺΦΌΦ·Χ§ΦΌΦ·Χ Φ°Χͺָּא אַΧͺΦΌΦ·Χ§ΦΌΦ·Χ Φ°Χͺָּא.

The Gemara rejects this explanation: From where is it assumed that they were instituted by one court? Actually, I will say to you that perhaps the two clauses were instituted by two separate courts, and nevertheless Rabbi Elazar ben Azarya derived the halakhot of one ordinance from the halakhot of the other ordinance, because the latter court presumably instituted its ordinance in accordance with the format of the former court, so that one should not ask about contradictions between one ordinance and the other ordinance. With regard to the halakhot of inheritance, there is no reason to read the two clauses in light of the other.

אָמַר Χ¨Φ·Χ‘ Χ™Φ°Χ”Χ•ΦΌΧ“ΦΈΧ” אָמַר Χ©ΧΦ°ΧžΧ•ΦΌΧΦ΅Χœ: Χ”Φ·Χ›ΦΌΧ•ΦΉΧͺΦ΅Χ‘ Χ›ΦΌΧ‡Χœ Χ Φ°Χ›ΦΈΧ‘ΦΈΧ™Χ• לְאִשְׁΧͺΦΌΧ•ΦΉ – לֹא גֲשָׂאָהּ א֢לָּא ΧΦ·Χ€ΦΌΧ•ΦΉΧ˜Φ°Χ¨Χ•ΦΉΧ€ΦΌΦΈΧ.

Β§ Rav Yehuda says that Shmuel says: A person on his deathbed who writes a document granting all his property to his wife has merely rendered her a steward. The assumption is that he did not intend to deprive his heirs of their entire inheritance. Rather, he intended to appoint her as a steward in charge of the property, so that the heirs will honor her.

Χ€ΦΌΦ°Χ©ΧΦ΄Χ™Χ˜ΦΈΧ, Χ‘ΦΌΦ°Χ Χ•ΦΉ Χ”Φ·Χ’ΦΌΦΈΧ“Χ•ΦΉΧœ – לֹא גֲשָׂאוֹ א֢לָּא ΧΦ·Χ€ΦΌΧ•ΦΉΧ˜Φ°Χ¨Χ•ΦΉΧ€ΦΌΧ•ΦΉΧ‘. Χ‘ΦΌΦ°Χ Χ•ΦΉ Χ”Φ·Χ§ΦΌΦΈΧ˜ΦΈΧŸ ΧžΦ·ΧΧ™?

The Gemara discusses similar cases: It is obvious that if one writes a document granting all his property to his adult son, he does not intend to give him the entire inheritance, but to have him distribute it among his brothers. Rather, he has merely rendered him a steward [apotropos]. If he writes it to his minor son, what is the halakha? Is it still assumed that his intention is to appoint him as a steward, or is that implausible since a minor boy is not yet capable of assuming this position and therefore the father apparently intended to bequeath to him the entire inheritance?

אִיΧͺְּמַר, Χ¨Φ·Χ‘ Χ—Φ²Χ Φ΄Χ™ΧœΦ·ΧΧ™ Χ‘ΦΌΦ·Χ¨ אִידּ֡י אָמַר Χ©ΧΦ°ΧžΧ•ΦΌΧΦ΅Χœ: ΧΦ²Χ€Φ΄Χ™ΧœΦΌΧ•ΦΌ Χ‘ΦΌΦ°Χ Χ•ΦΉ קָטָן Χ”Φ·ΧžΦΌΧ•ΦΌΧ˜ΦΌΦΈΧœ Χ‘ΦΌΦ·Χ’Φ²Χ¨Φ΄Χ™Χ‘ΦΈΧ”.

It was stated that Rav αΈ€anilai bar Idi says that Shmuel says that even if one wrote a document granting all his property to his minor son who is lying in his crib, he does not receive the entire inheritance. Rather, the father presumably intended to appoint him as a steward when he reached adulthood, so that the other heirs would honor him.

Χ€ΦΌΦ°Χ©ΧΦ΄Χ™Χ˜ΦΈΧ, Χ‘ΦΌΦ°Χ Χ•ΦΉ וְאַח֡ר – אַח֡ר Χ‘ΦΌΦ°ΧžΦ·ΧͺΦΌΦΈΧ ΦΈΧ”, Χ•ΦΌΧ‘Φ°Χ Χ•ΦΉ ΧΦ·Χ€ΦΌΧ•ΦΉΧ˜Φ°Χ¨Χ•ΦΉΧ€ΦΌΧ•ΦΉΧ‘. אִשְׁΧͺΦΌΧ•ΦΉ וְאַח֡ר – ΧœΦ°ΧΦ·Χ—Φ΅Χ¨ Χ‘ΦΌΦ°ΧžΦ·ΧͺΦΌΦΈΧ ΦΈΧ”, וְאִשְׁΧͺΦΌΧ•ΦΉ ΧΦ·Χ€ΦΌΧ•ΦΉΧ˜Φ°Χ¨Χ•ΦΉΧ€ΦΌΧ•ΦΉΧ‘.

The Gemara states: It is obvious that if one wrote a document granting all his property to his son and another person, he intended to give the other person half the property as a gift, and to appoint his son a steward to oversee the property of his brothers, with whom he shares the other half. Similarly, if he wrote a document granting all his property to his wife and another person, he intended to give the other person half the property as a gift, and to appoint his wife a steward to oversee the other half of the property for his sons.

אִשְׁΧͺΦΌΧ•ΦΉ אֲרוּבָה וְאִשְׁΧͺΦΌΧ•ΦΉ גְּרוּשָׁה – Χ‘ΦΌΦ°ΧžΦ·ΧͺΦΌΦΈΧ ΦΈΧ”.

Furthermore, it is obvious that if one wrote a document granting all his property to his betrothed wife, whom he did not yet wed, or to his former wife, whom he had divorced, he intended to give it to them as a gift, as he had no reason to have his heirs honor them.

אִיבַּגְיָא ΧœΦ°Χ”Χ•ΦΌ: Χ‘ΦΌΦ·Χͺ א֡צ֢ל הַבָּנִים, וְאִשָּׁה א֡צ֢ל הָאַחִים, וְאִשָּׁה א֡צ֢ל Χ‘ΦΌΦ°Χ Φ΅Χ™ Χ”Φ·Χ‘ΦΌΦ·Χ’Φ·Χœ, ΧžΦ·Χ”Χ•ΦΌ?

A dilemma was raised before the Sages: If one wrote a document granting all his property to his daughter before his sons, in a case where he has sons who would inherit from him, or to his wife before his brothers, or to his wife before the husband’s sons who are not her sons, what is the halakha? Is it assumed that his intention was to appoint her as a steward or to give her the property as a gift?

אָמַר רָבִינָא ΧžΦ΄Χ©ΦΌΧΦ°ΧžΦ΅Χ™Χ”ΦΌ דְּרָבָא: Χ‘ΦΌΦ°Χ›Χ•ΦΌΧœΦΌΦ°Χ”Χ•ΦΌ לֹא Χ§ΦΈΧ ΦΈΧ”, ΧœΦ°Χ‘Φ·Χ¨ מ֡אִשְׁΧͺΦΌΧ•ΦΉ אֲרוּבָה וְאִשְׁΧͺΦΌΧ•ΦΉ גְּרוּשָׁה. Χ¨Φ·Χ‘ גַוִּירָא ΧžΦ΄Χ©ΦΌΧΦ°ΧžΦ΅Χ™Χ”ΦΌ דְּרָבָא אָמַר: Χ‘ΦΌΦ°Χ›Χ•ΦΌΧœΦΌΦ°Χ”Χ•ΦΌ Χ§ΦΈΧ Φ΅Χ™, ΧœΦ°Χ‘Φ·Χ¨ ΧžΦ΅Χ”ΦΈΧΦ΄Χ©ΦΌΧΦΈΧ” א֡צ֢ל Χ”ΦΈΧΦ·Χ—Φ΄Χ™ΧŸ וְאִשָּׁה א֡צ֢ל Χ‘ΦΌΦ°Χ Φ΅Χ™ Χ”Φ·Χ‘ΦΌΦ·Χ’Φ·Χœ.

Ravina said in the name of Rava that in all of these cases the recipient did not acquire the property. Rather, he or she was merely appointed a steward, except for the cases of his betrothed wife and his former wife whom he divorced. By contrast, Rav Avira said in the name of Rava that in all of these cases the recipient acquired the property, except for the cases of his wife before his brothers and his wife before the husband’s sons, where he clearly intended only to appoint her as a steward.

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