Search

Bava Batra 140

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

The Mishna established the division of the father’s possession when there is a lot of money and when there is not a lot of money. What if the financial status of the estate changes after the father’s death? Does the distribution change as well? After the Gemara had discussed how the amount in the estate is determined, Rabbi Yirmiya asked if other things enter into the calculation – do we deduct the amount needed to feed the deceased’s widow until she gets remarried or dies, or her daughter from a previous marriage in a case where the husband committed to supporting her for some time, or a loan that is owed to a creditor? If there is a widow and only a daughter left to inherit and not enough money for both of them, which one receives money from the estate?

Why did Admon disagree with the rabbis and hold that the male children should receive inheritance at the expense of the daughters losing their food payments? Rava and Abaye each suggest different explanations.

How is a tumtum viewed regarding these laws – as a lame, female, or neither? If a man on his deathbed left a pregnant wife and stipulated: if the baby is male give him this gift, if female, this gift, what do they receive if twins are born or if the baby is a tumtum?

Today’s daily daf tools:

Bava Batra 140

שָׁקְלִי לְהוּ בָּנוֹת לְכוּלְּהוּ?! אֶלָּא אָמַר רָבָא: מוֹצִיאִין לָהֶן מְזוֹנוֹת לַבָּנוֹת עַד שֶׁיִּבְגְּרוּ, וְהַשְּׁאָר לַבָּנִים.

shall the daughters take all of the estate, even if it is more than is required for their sustenance? Rather, Rava said: The court appropriates sustenance for the daughters until they reach their majority, and the remainder is given to the sons.

פְּשִׁיטָא – מְרוּבִּין וְנִתְמַעֲטוּ, כְּבָר זָכוּ בָּהֶן יוֹרְשִׁין. מוּעָטִין וְנִתְרַבּוּ, מַאי? בִּרְשׁוּת יוֹרְשִׁין קָיְימִי – הִלְכָּךְ בִּרְשׁוּת יוֹרְשִׁין שְׁבוּח; אוֹ דִּלְמָא, סַלּוֹקֵי מְסַלְּקִי יוֹרְשִׁין מֵהָכָא?

§ The Gemara comments: It is obvious that if the estate was large and became small, the heirs, i.e., the sons, already acquired it when it was large. It remains in their possession, and they must provide for the daughters from it. The Gemara asks: If the estate was small, and was therefore not inherited by the sons, and then it became large, what is the halakha? Does even a small estate remain in the possession of the heirs, while the court reserves it for the daughters’ sustenance, and therefore it appreciated in the possession of the heirs and they receive the appreciation in the estate’s value? Or perhaps the heirs are totally removed from possession of a small estate, and the appreciation in value is to the benefit of the daughters receiving sustenance.

תָּא שְׁמַע, דְּאָמַר רַבִּי אַסִּי אָמַר רַבִּי יוֹחָנָן: יְתוֹמִין שֶׁקָּדְמוּ וּמָכְרוּ בִּנְכָסִים מוּעָטִין – מַה שֶּׁמָּכְרוּ, מָכְרוּ.

The Gemara answers: Come and hear a proof, as Rabbi Asi says that Rabbi Yoḥanan says: In the case of orphans who preemptively sold land from a small estate left to them by their father, before the court appropriated it for the daughters’ sustenance, concerning that which they sold, the sale is valid, even though they acted improperly. One can infer from this that a small estate remains in the possession of the heirs even when they are not authorized to derive benefit from it, and therefore the appreciation in its value belongs to them.

יָתֵיב רַבִּי יִרְמְיָה קַמֵּיהּ דְּרַבִּי אֲבָהוּ, וְקָא בָּעֵי מִינֵּיהּ: אַלְמְנָתוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? מִי אָמְרִינַן: כֵּיוָן דְּאִית לַהּ מְזוֹנֵי – מְמַעֲטָא; אוֹ דִלְמָא, כֵּיוָן דְּאִילּוּ מִנַּסְבָא – לֵית לַהּ, הַשְׁתָּא נָמֵי לֵית לַהּ?

§ Rabbi Yirmeya was sitting before Rabbi Abbahu and raised the following dilemma before him: What is the halakha with regard to the sustenance to which the deceased’s widow is entitled? Does it reduce the value of the estate when evaluating whether the estate is categorized as a large estate or a small estate? Do we say that since she has a right to receive sustenance, it reduces the value of the estate? Or perhaps we say that since if she remarries she does not have a right to sustenance, now as well, for the purposes of determining the value of the estate, she is considered as if she does not have a right to sustenance, and therefore it does not reduce the value of the estate.

אִם תִּמְצָא לוֹמַר: כֵּיוָן דְּאִילּוּ מִנַּסְבָא לֵית לַהּ – הַשְׁתָּא נָמֵי לֵית לַהּ; בַּת אִשְׁתּוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? מִי אָמְרִינַן: כֵּיוָן דְּכִי מִנַּסְבָא נָמֵי אִית לַהּ – וּמְמַעֲטָא; אוֹ דִלְמָא, כֵּיוָן דְּאִילּוּ מֵתָה לֵית לַהּ – וְלָא מְמַעֲטָא?

Furthermore, if you say that since, if she remarries she does not have a right to sustenance, now as well she is considered as if she does not have a right to sustenance, and it is not taken into account when evaluating the estate, then another dilemma can be raised: What is the halakha with regard to the sustenance one pledged to give, for a certain number of years, to the daughter of his wife from a previous marriage, i.e., his step-daughter, which is an obligation not affected by his death or by her marriage? Does it reduce the value of the estate? Do we say that since, when she marries she also has a right to sustenance, it reduces the value of the estate? Or perhaps we say that since, if she dies she does not have a right to sustenance, it does not reduce the value of the estate.

וְאִם תִּמְצָא לוֹמַר: כֵּיוָן דְּאִילּוּ מֵתָה לֵית לַהּ – וְלָא מְמַעֲטָא; בַּעַל חוֹב – מַהוּ שֶׁיְּמַעֵט בַּנְּכָסִים? מִי אָמְרִינַן: כֵּיוָן דְּכִי מָיֵית נָמֵי אִית לֵיהּ, מְמַעֵט; אוֹ דִלְמָא, כֵּיוָן דִּמְחַסְּרִי גּוּבְיָינָא, לָא מְמַעֵט?

And if you say that since, if she dies she does not have a right to sustenance, therefore it does not reduce the value of the estate, what is the halakha with regard to a debt owed to the deceased’s creditor? Does it reduce the value of the estate? Do we say that since, when the creditor dies he also has a right to the money owed him, and it is collected by his heirs, therefore it reduces the value of the estate? Or perhaps we say that since it has not yet been collected, it does not reduce the value of the estate.

וְאִיכָּא דְּבָעֵי לַהּ לְאִידַּךְ גִּיסָא – בַּעַל חוֹב, מַהוּ שֶׁיְּמַעֵט בַּנְּכָסִים?

And there are those who say that Rabbi Yirmeya raised the dilemmas in the opposite direction, i.e., in the reverse order: What is the halakha with regard to a debt owed to a creditor? Does it reduce the value of the estate?

בַּת אִשְׁתּוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? אַלְמְנָתוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? אַלְמְנָתוֹ וּבַת – אֵי זֶה מֵהֶן קוֹדֶמֶת?

What is the halakha with regard to sustenance the deceased pledged to give the daughter of his wife from a previous marriage? Does it reduce the value of the estate? What is the halakha with regard to the sustenance to which his widow is entitled? Does it reduce the value of the estate? Furthermore, with regard to his widow and daughter, which of them takes precedence if the estate is insufficient to provide sustenance for both?

אֲמַר לֵיהּ: זִיל הָאִידָּנָא וְתָא לִמְחַר. כִּי אֲתָא, אֲמַר לֵיהּ: פְּשׁוֹט מִיהַת חֲדָא, דְּאָמַר רַבִּי אַבָּא אָמַר רַבִּי אַסִּי: עָשׂוּ אַלְמָנָה אֵצֶל הַבַּת – כַּבַּת אֵצֶל הָאַחִין בִּנְכָסִים מוּעָטִין; מָה בַּת אֵצֶל אַחִין – הַבַּת נִיזּוֹנֶת, וְהָאַחִין יִשְׁאֲלוּ עַל הַפְּתָחִים; אַף אַלְמָנָה אֵצֶל הַבַּת – אַלְמָנָה נִיזּוֹנֶת, וְהַבַּת תִּשְׁאַל עַל הַפְּתָחִים.

Rabbi Abbahu said to Rabbi Yirmeya: Go now and come back tomorrow. When he came back, Rabbi Abbahu said to him: Resolve at least one of your questions, as Rabbi Abba says that Rabbi Asi says: The Sages established the status of the widow in relation to the daughter as equivalent to the status of the daughter in relation to the brothers in the case of a small estate. Just as in the case of a daughter in relation to her brothers, the daughter is sustained and the brothers go and request charity at the doors, so too in the case of a widow in relation to the daughter, the widow is sustained and the daughter goes and requests charity at the doors.

אַדְמוֹן אוֹמֵר: בִּשְׁבִיל שֶׁאֲנִי זָכָר, הִפְסַדְתִּי? וְכוּ׳. מַאי קָאָמַר? אָמַר אַבָּיֵי, הָכִי קָאָמַר: בִּשְׁבִיל שֶׁאֲנִי זָכָר, וְרָאוּי אֲנִי לַעֲסוֹק בַּתּוֹרָה, הִפְסַדְתִּי? אָמַר לֵיהּ רָבָא: אֶלָּא מֵעַתָּה, מַאן דְּעָסֵיק בַּתּוֹרָה הוּא דְּיָרֵית, דְּלָא עָסֵיק בַּתּוֹרָה לָא יְרֵית? אֶלָּא אָמַר רָבָא, הָכִי קָאָמַר: בִּשְׁבִיל שֶׁאֲנִי זָכָר, וְרָאוּי אֲנִי לִירַשׁ בִּנְכָסִים מְרוּבִּין, הִפְסַדְתִּי בִּנְכָסִים מוּעָטִין?

§ The mishna teaches: Admon says, rhetorically: I lost out just because I am male? Rather, he holds that the sons also receive sustenance. The Gemara asks: What is he saying? Abaye said that this is what he is saying: Because I am male, and I am fit to engage in the study of the Torah, I lost out and must go begging instead of studying the Torah? Rava said to him: If that is so, should one conclude that it is only one who engages in the study of the Torah who inherits, whereas one who does not engage in the study of the Torah does not inherit? Rather, Rava said that this is what Admon is saying: Because I am male, and I am fit to inherit in the case of a large estate, should I lose my inheritance entirely in the case of a small estate?

מַתְנִי׳ הִנִּיחַ בָּנִים וּבָנוֹת, וְטוּמְטוּם; בִּזְמַן שֶׁהַנְּכָסִים מְרוּבִּין – הַזְּכָרִים דּוֹחִין אוֹתוֹ אֵצֶל נְקֵבוֹת. נְכָסִים מוּעָטִין – הַנְּקֵבוֹת דּוֹחוֹת אוֹתוֹ אֵצֶל זְכָרִים.

MISHNA: With regard to one who left behind sons and daughters and a tumtum, whose halakhic status as male or female is indeterminate, the halakha is as follows: When the estate is large the males direct the tumtum to the females and exclude him from the inheritance, claiming that perhaps the tumtum is female. When the estate is small, the females direct the tumtum to the males and exclude him from receiving sustenance, claiming that perhaps the tumtum is male.

הָאוֹמֵר ״אִם תֵּלֵד אִשְׁתִּי זָכָר – יִטּוֹל מָנֶה״, יָלְדָה זָכָר – יִטּוֹל מָנֶה. ״נְקֵבָה – מָאתַיִם״, יָלְדָה נְקֵבָה – נוֹטֶלֶת מָאתַיִם.

With regard to one who says: If my wife gives birth to a male the offspring shall receive a gift of one hundred dinars, if she in fact gave birth to a male, the offspring receives one hundred dinars. If he says: If my wife gives birth to a female the offspring shall receive a gift of two hundred dinars, if she in fact gave birth to a female, the offspring receives two hundred dinars.

״אִם זָכָר – מָנֶה, אִם נְקֵבָה – מָאתַיִם״, וְיָלְדָה זָכָר וּנְקֵבָה – זָכָר נוֹטֵל מָנֶה, נְקֵבָה נוֹטֶלֶת מָאתַיִם. יָלְדָה טוּמְטוּם – אֵינוֹ נוֹטֵל. אִם אָמַר: ״כֹּל מַה שֶּׁתֵּלֵד אִשְׁתִּי, יִטּוֹל״ – הֲרֵי זֶה יִטּוֹל. וְאִם אֵין שָׁם יוֹרֵשׁ אֶלָּא הוּא – יוֹרֵשׁ אֶת הַכֹּל.

If he says: If my wife gives birth to a male the offspring shall receive a gift of one hundred dinars and if she gives birth to a female the offspring shall receive a gift of two hundred dinars, and in fact she gave birth to both a male and a female, the male offspring receives one hundred dinars and the female offspring receives two hundred dinars. If she gave birth to a tumtum, the tumtum does not receive anything. If he said: Whatever offspring my wife gives birth to shall receive a gift of a certain sum, and she gave birth to a tumtum, the tumtum receives it. And if there is no heir other than the tumtum, the tumtum inherits all of the estate.

גְּמָ׳ דּוֹחִין אוֹתוֹ – וְשָׁקֵיל כְּבַת? הָא קָתָנֵי סֵיפָא: יָלְדָה טוּמְטוּם – אֵינוֹ נוֹטֵל! אָמַר אַבָּיֵי: דּוֹחִין אוֹתוֹ – וְאֵין לוֹ.

GEMARA: The mishna states that the males direct the tumtum to the females. The Gemara asks: Does this mean that they direct him, and he takes sustenance like a daughter? Isn’t it taught in the latter clause of the mishna that if one said that either his male or female child will receive a certain sum once his wife gives birth, and she gave birth to a tumtum, the tumtum does not receive anything? This indicates that the tumtum does not have the rights of a female. Abaye says: The mishna means that they direct him to the females, but he has no rights to sustenance.

וְרָבָא אָמַר: דּוֹחִין אוֹתוֹ – וְיֵשׁ לוֹ, וְסֵיפָא אֲתָאן לְרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל – דְּתַנְיָא: יָלְדָה טוּמְטוּם וְאַנְדְּרוֹגִינוֹס – רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֵין קְדוּשָּׁה חָלָה עֲלֵיהֶן.

And Rava says: They direct him to the females and he has a right to sustenance. And with regard to the latter clause of the mishna, which grants the tumtum nothing at all, there we arrive at the opinion of Rabban Shimon ben Gamliel, as it is taught in a mishna (Temura 24b): If one consecrates a firstborn animal while it is still a fetus, stating that if it is male it shall be a burnt-offering and if it is female it shall be a peace-offering, and the mother gave birth to a tumtum or a hermaphrodite [androginos], Rabban Shimon ben Gamliel says: It is not imbued with sanctity, as it is neither male nor female. So too, in the case discussed in the mishna here, Rabban Shimon ben Gamliel maintains that the tumtum receives nothing, as he is considered to be a distinct entity of indeterminate sex, neither male nor female.

מֵיתִיבִי: טוּמְטוּם יוֹרֵשׁ כְּבֵן, וְנִיזּוֹן כְּבַת. בִּשְׁלָמָא לְרָבָא, יוֹרֵשׁ כְּבֵן – בִּנְכָסִים מוּעָטִין, וְנִיזּוֹן כְּבַת – בִּנְכָסִים מְרוּבִּין.

The Gemara raises an objection from a baraita: A tumtum inherits as a son and is sustained as a daughter. Granted, according to Rava, the baraita can be explained to mean that the clause: Inherits as a son, is in the case of a small estate, as the daughters direct the tumtum to the sons, and just as there is no inheritance for the sons, there is none for the tumtum either. And the clause: And is sustained as a daughter, is in the case of a large estate, as the sons direct the tumtum to the daughters, and the tumtum receives sustenance along with them.

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. 

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

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, 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

I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

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

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.

Caroline Graham-Ofstein
Caroline Graham-Ofstein

Bet Shemesh, Israel

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

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

Janice Block
Janice Block

Beit Shemesh, Israel

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

I began learning the daf in January 2022. I initially “flew under the radar,” sharing my journey with my husband and a few close friends. I was apprehensive – who, me? Gemara? Now, 2 years in, I feel changed. The rigor of a daily commitment frames my days. The intellectual engagement enhances my knowledge. And the virtual community of learners has become a new family, weaving a glorious tapestry.

Gitta Jaroslawicz-Neufeld
Gitta Jaroslawicz-Neufeld

Far Rockaway, United States

While vacationing in San Diego, Rabbi Leah Herz asked if I’d be interested in being in hevruta with her to learn Daf Yomi through Hadran. Why not? I had loved learning Gemara in college in 1971 but hadn’t returned. With the onset of covid, Daf Yomi and Rabbanit Michelle centered me each day. Thank-you for helping me grow and enter this amazing world of learning.
Meryll Page
Meryll Page

Minneapolis, MN, United States

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, Israel

I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

I began my Daf Yomi journey on January 5, 2020. I had never learned Talmud before. Initially it struck me as a bunch of inane and arcane details with mind bending logic. I am now smitten. Rabbanit Farber brings the page to life and I am eager to learn with her every day!

Lori Stark
Lori Stark

Highland Park, United States

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

Bava Batra 140

שָׁקְלִי לְהוּ בָּנוֹת לְכוּלְּהוּ?! אֶלָּא אָמַר רָבָא: מוֹצִיאִין לָהֶן מְזוֹנוֹת לַבָּנוֹת עַד שֶׁיִּבְגְּרוּ, וְהַשְּׁאָר לַבָּנִים.

shall the daughters take all of the estate, even if it is more than is required for their sustenance? Rather, Rava said: The court appropriates sustenance for the daughters until they reach their majority, and the remainder is given to the sons.

פְּשִׁיטָא – מְרוּבִּין וְנִתְמַעֲטוּ, כְּבָר זָכוּ בָּהֶן יוֹרְשִׁין. מוּעָטִין וְנִתְרַבּוּ, מַאי? בִּרְשׁוּת יוֹרְשִׁין קָיְימִי – הִלְכָּךְ בִּרְשׁוּת יוֹרְשִׁין שְׁבוּח; אוֹ דִּלְמָא, סַלּוֹקֵי מְסַלְּקִי יוֹרְשִׁין מֵהָכָא?

§ The Gemara comments: It is obvious that if the estate was large and became small, the heirs, i.e., the sons, already acquired it when it was large. It remains in their possession, and they must provide for the daughters from it. The Gemara asks: If the estate was small, and was therefore not inherited by the sons, and then it became large, what is the halakha? Does even a small estate remain in the possession of the heirs, while the court reserves it for the daughters’ sustenance, and therefore it appreciated in the possession of the heirs and they receive the appreciation in the estate’s value? Or perhaps the heirs are totally removed from possession of a small estate, and the appreciation in value is to the benefit of the daughters receiving sustenance.

תָּא שְׁמַע, דְּאָמַר רַבִּי אַסִּי אָמַר רַבִּי יוֹחָנָן: יְתוֹמִין שֶׁקָּדְמוּ וּמָכְרוּ בִּנְכָסִים מוּעָטִין – מַה שֶּׁמָּכְרוּ, מָכְרוּ.

The Gemara answers: Come and hear a proof, as Rabbi Asi says that Rabbi Yoḥanan says: In the case of orphans who preemptively sold land from a small estate left to them by their father, before the court appropriated it for the daughters’ sustenance, concerning that which they sold, the sale is valid, even though they acted improperly. One can infer from this that a small estate remains in the possession of the heirs even when they are not authorized to derive benefit from it, and therefore the appreciation in its value belongs to them.

יָתֵיב רַבִּי יִרְמְיָה קַמֵּיהּ דְּרַבִּי אֲבָהוּ, וְקָא בָּעֵי מִינֵּיהּ: אַלְמְנָתוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? מִי אָמְרִינַן: כֵּיוָן דְּאִית לַהּ מְזוֹנֵי – מְמַעֲטָא; אוֹ דִלְמָא, כֵּיוָן דְּאִילּוּ מִנַּסְבָא – לֵית לַהּ, הַשְׁתָּא נָמֵי לֵית לַהּ?

§ Rabbi Yirmeya was sitting before Rabbi Abbahu and raised the following dilemma before him: What is the halakha with regard to the sustenance to which the deceased’s widow is entitled? Does it reduce the value of the estate when evaluating whether the estate is categorized as a large estate or a small estate? Do we say that since she has a right to receive sustenance, it reduces the value of the estate? Or perhaps we say that since if she remarries she does not have a right to sustenance, now as well, for the purposes of determining the value of the estate, she is considered as if she does not have a right to sustenance, and therefore it does not reduce the value of the estate.

אִם תִּמְצָא לוֹמַר: כֵּיוָן דְּאִילּוּ מִנַּסְבָא לֵית לַהּ – הַשְׁתָּא נָמֵי לֵית לַהּ; בַּת אִשְׁתּוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? מִי אָמְרִינַן: כֵּיוָן דְּכִי מִנַּסְבָא נָמֵי אִית לַהּ – וּמְמַעֲטָא; אוֹ דִלְמָא, כֵּיוָן דְּאִילּוּ מֵתָה לֵית לַהּ – וְלָא מְמַעֲטָא?

Furthermore, if you say that since, if she remarries she does not have a right to sustenance, now as well she is considered as if she does not have a right to sustenance, and it is not taken into account when evaluating the estate, then another dilemma can be raised: What is the halakha with regard to the sustenance one pledged to give, for a certain number of years, to the daughter of his wife from a previous marriage, i.e., his step-daughter, which is an obligation not affected by his death or by her marriage? Does it reduce the value of the estate? Do we say that since, when she marries she also has a right to sustenance, it reduces the value of the estate? Or perhaps we say that since, if she dies she does not have a right to sustenance, it does not reduce the value of the estate.

וְאִם תִּמְצָא לוֹמַר: כֵּיוָן דְּאִילּוּ מֵתָה לֵית לַהּ – וְלָא מְמַעֲטָא; בַּעַל חוֹב – מַהוּ שֶׁיְּמַעֵט בַּנְּכָסִים? מִי אָמְרִינַן: כֵּיוָן דְּכִי מָיֵית נָמֵי אִית לֵיהּ, מְמַעֵט; אוֹ דִלְמָא, כֵּיוָן דִּמְחַסְּרִי גּוּבְיָינָא, לָא מְמַעֵט?

And if you say that since, if she dies she does not have a right to sustenance, therefore it does not reduce the value of the estate, what is the halakha with regard to a debt owed to the deceased’s creditor? Does it reduce the value of the estate? Do we say that since, when the creditor dies he also has a right to the money owed him, and it is collected by his heirs, therefore it reduces the value of the estate? Or perhaps we say that since it has not yet been collected, it does not reduce the value of the estate.

וְאִיכָּא דְּבָעֵי לַהּ לְאִידַּךְ גִּיסָא – בַּעַל חוֹב, מַהוּ שֶׁיְּמַעֵט בַּנְּכָסִים?

And there are those who say that Rabbi Yirmeya raised the dilemmas in the opposite direction, i.e., in the reverse order: What is the halakha with regard to a debt owed to a creditor? Does it reduce the value of the estate?

בַּת אִשְׁתּוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? אַלְמְנָתוֹ, מַהוּ שֶׁתְּמַעֵט בַּנְּכָסִים? אַלְמְנָתוֹ וּבַת – אֵי זֶה מֵהֶן קוֹדֶמֶת?

What is the halakha with regard to sustenance the deceased pledged to give the daughter of his wife from a previous marriage? Does it reduce the value of the estate? What is the halakha with regard to the sustenance to which his widow is entitled? Does it reduce the value of the estate? Furthermore, with regard to his widow and daughter, which of them takes precedence if the estate is insufficient to provide sustenance for both?

אֲמַר לֵיהּ: זִיל הָאִידָּנָא וְתָא לִמְחַר. כִּי אֲתָא, אֲמַר לֵיהּ: פְּשׁוֹט מִיהַת חֲדָא, דְּאָמַר רַבִּי אַבָּא אָמַר רַבִּי אַסִּי: עָשׂוּ אַלְמָנָה אֵצֶל הַבַּת – כַּבַּת אֵצֶל הָאַחִין בִּנְכָסִים מוּעָטִין; מָה בַּת אֵצֶל אַחִין – הַבַּת נִיזּוֹנֶת, וְהָאַחִין יִשְׁאֲלוּ עַל הַפְּתָחִים; אַף אַלְמָנָה אֵצֶל הַבַּת – אַלְמָנָה נִיזּוֹנֶת, וְהַבַּת תִּשְׁאַל עַל הַפְּתָחִים.

Rabbi Abbahu said to Rabbi Yirmeya: Go now and come back tomorrow. When he came back, Rabbi Abbahu said to him: Resolve at least one of your questions, as Rabbi Abba says that Rabbi Asi says: The Sages established the status of the widow in relation to the daughter as equivalent to the status of the daughter in relation to the brothers in the case of a small estate. Just as in the case of a daughter in relation to her brothers, the daughter is sustained and the brothers go and request charity at the doors, so too in the case of a widow in relation to the daughter, the widow is sustained and the daughter goes and requests charity at the doors.

אַדְמוֹן אוֹמֵר: בִּשְׁבִיל שֶׁאֲנִי זָכָר, הִפְסַדְתִּי? וְכוּ׳. מַאי קָאָמַר? אָמַר אַבָּיֵי, הָכִי קָאָמַר: בִּשְׁבִיל שֶׁאֲנִי זָכָר, וְרָאוּי אֲנִי לַעֲסוֹק בַּתּוֹרָה, הִפְסַדְתִּי? אָמַר לֵיהּ רָבָא: אֶלָּא מֵעַתָּה, מַאן דְּעָסֵיק בַּתּוֹרָה הוּא דְּיָרֵית, דְּלָא עָסֵיק בַּתּוֹרָה לָא יְרֵית? אֶלָּא אָמַר רָבָא, הָכִי קָאָמַר: בִּשְׁבִיל שֶׁאֲנִי זָכָר, וְרָאוּי אֲנִי לִירַשׁ בִּנְכָסִים מְרוּבִּין, הִפְסַדְתִּי בִּנְכָסִים מוּעָטִין?

§ The mishna teaches: Admon says, rhetorically: I lost out just because I am male? Rather, he holds that the sons also receive sustenance. The Gemara asks: What is he saying? Abaye said that this is what he is saying: Because I am male, and I am fit to engage in the study of the Torah, I lost out and must go begging instead of studying the Torah? Rava said to him: If that is so, should one conclude that it is only one who engages in the study of the Torah who inherits, whereas one who does not engage in the study of the Torah does not inherit? Rather, Rava said that this is what Admon is saying: Because I am male, and I am fit to inherit in the case of a large estate, should I lose my inheritance entirely in the case of a small estate?

מַתְנִי׳ הִנִּיחַ בָּנִים וּבָנוֹת, וְטוּמְטוּם; בִּזְמַן שֶׁהַנְּכָסִים מְרוּבִּין – הַזְּכָרִים דּוֹחִין אוֹתוֹ אֵצֶל נְקֵבוֹת. נְכָסִים מוּעָטִין – הַנְּקֵבוֹת דּוֹחוֹת אוֹתוֹ אֵצֶל זְכָרִים.

MISHNA: With regard to one who left behind sons and daughters and a tumtum, whose halakhic status as male or female is indeterminate, the halakha is as follows: When the estate is large the males direct the tumtum to the females and exclude him from the inheritance, claiming that perhaps the tumtum is female. When the estate is small, the females direct the tumtum to the males and exclude him from receiving sustenance, claiming that perhaps the tumtum is male.

הָאוֹמֵר ״אִם תֵּלֵד אִשְׁתִּי זָכָר – יִטּוֹל מָנֶה״, יָלְדָה זָכָר – יִטּוֹל מָנֶה. ״נְקֵבָה – מָאתַיִם״, יָלְדָה נְקֵבָה – נוֹטֶלֶת מָאתַיִם.

With regard to one who says: If my wife gives birth to a male the offspring shall receive a gift of one hundred dinars, if she in fact gave birth to a male, the offspring receives one hundred dinars. If he says: If my wife gives birth to a female the offspring shall receive a gift of two hundred dinars, if she in fact gave birth to a female, the offspring receives two hundred dinars.

״אִם זָכָר – מָנֶה, אִם נְקֵבָה – מָאתַיִם״, וְיָלְדָה זָכָר וּנְקֵבָה – זָכָר נוֹטֵל מָנֶה, נְקֵבָה נוֹטֶלֶת מָאתַיִם. יָלְדָה טוּמְטוּם – אֵינוֹ נוֹטֵל. אִם אָמַר: ״כֹּל מַה שֶּׁתֵּלֵד אִשְׁתִּי, יִטּוֹל״ – הֲרֵי זֶה יִטּוֹל. וְאִם אֵין שָׁם יוֹרֵשׁ אֶלָּא הוּא – יוֹרֵשׁ אֶת הַכֹּל.

If he says: If my wife gives birth to a male the offspring shall receive a gift of one hundred dinars and if she gives birth to a female the offspring shall receive a gift of two hundred dinars, and in fact she gave birth to both a male and a female, the male offspring receives one hundred dinars and the female offspring receives two hundred dinars. If she gave birth to a tumtum, the tumtum does not receive anything. If he said: Whatever offspring my wife gives birth to shall receive a gift of a certain sum, and she gave birth to a tumtum, the tumtum receives it. And if there is no heir other than the tumtum, the tumtum inherits all of the estate.

גְּמָ׳ דּוֹחִין אוֹתוֹ – וְשָׁקֵיל כְּבַת? הָא קָתָנֵי סֵיפָא: יָלְדָה טוּמְטוּם – אֵינוֹ נוֹטֵל! אָמַר אַבָּיֵי: דּוֹחִין אוֹתוֹ – וְאֵין לוֹ.

GEMARA: The mishna states that the males direct the tumtum to the females. The Gemara asks: Does this mean that they direct him, and he takes sustenance like a daughter? Isn’t it taught in the latter clause of the mishna that if one said that either his male or female child will receive a certain sum once his wife gives birth, and she gave birth to a tumtum, the tumtum does not receive anything? This indicates that the tumtum does not have the rights of a female. Abaye says: The mishna means that they direct him to the females, but he has no rights to sustenance.

וְרָבָא אָמַר: דּוֹחִין אוֹתוֹ – וְיֵשׁ לוֹ, וְסֵיפָא אֲתָאן לְרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל – דְּתַנְיָא: יָלְדָה טוּמְטוּם וְאַנְדְּרוֹגִינוֹס – רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֵין קְדוּשָּׁה חָלָה עֲלֵיהֶן.

And Rava says: They direct him to the females and he has a right to sustenance. And with regard to the latter clause of the mishna, which grants the tumtum nothing at all, there we arrive at the opinion of Rabban Shimon ben Gamliel, as it is taught in a mishna (Temura 24b): If one consecrates a firstborn animal while it is still a fetus, stating that if it is male it shall be a burnt-offering and if it is female it shall be a peace-offering, and the mother gave birth to a tumtum or a hermaphrodite [androginos], Rabban Shimon ben Gamliel says: It is not imbued with sanctity, as it is neither male nor female. So too, in the case discussed in the mishna here, Rabban Shimon ben Gamliel maintains that the tumtum receives nothing, as he is considered to be a distinct entity of indeterminate sex, neither male nor female.

מֵיתִיבִי: טוּמְטוּם יוֹרֵשׁ כְּבֵן, וְנִיזּוֹן כְּבַת. בִּשְׁלָמָא לְרָבָא, יוֹרֵשׁ כְּבֵן – בִּנְכָסִים מוּעָטִין, וְנִיזּוֹן כְּבַת – בִּנְכָסִים מְרוּבִּין.

The Gemara raises an objection from a baraita: A tumtum inherits as a son and is sustained as a daughter. Granted, according to Rava, the baraita can be explained to mean that the clause: Inherits as a son, is in the case of a small estate, as the daughters direct the tumtum to the sons, and just as there is no inheritance for the sons, there is none for the tumtum either. And the clause: And is sustained as a daughter, is in the case of a large estate, as the sons direct the tumtum to the daughters, and the tumtum receives sustenance along with them.

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