Search

Bava Batra 159

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Rabbi Heshie and Rookie Billet in honor of the bar mitzva of their grandson Elihai Yonah Jacobson in Neve Daniel. “May you continue to grow in Torah learning, middot tovot, chesed, and identification with Klal Yisrael. So proud of you!”

A ruling was sent from Israel to Babylonia with a halakhic ruling that was said to be one of the more difficult monetary laws to understand. However, the Gemara initially does not understand the details of the case and offers five suggestions. After rejecting each suggestion because there was no real difficulty with the logic of the ruling, they reinstate the first suggestion and explain the difficulty. The first two suggestions relate to a grandson inheriting from a grandfather directly as the father had previously died. Does inheritance go through the father to the grandson or does it go directly from the grandfather to the grandson. If it goes through the father, does the grandson inherit the double portion that was meant to be given to his father? The last three suggestions relate to one who signs a document and later becomes a disqualified witness (for different reasons). Is there an issue with ratifying that document?

They asked Rav Sheshet: does a son who predeceases his mother inherit from his mother “in his grave” thereby passing on the inheritance to his half brothers through his father or does her inheritance stay with her father’s family? Rav Sheshet answers it from a braita and Rav Acha bar Minyumei answers it from our Mishna. Both conclude that the son does not inherit his mother in the grave, but her money is given to her heirs from her father’s family. The reason for this law is derived from a gezeira shava in the Torah from Bamidbar 36:7, 9.

The chapter ends with a sale where there was a doubt regarding what was sold and the two sides each claim that the land in question belongs to them. Rava and Rav Nachman disagree. The Gemara raises a different debate between Rava and Rav Nachman where they seem to side the other way. However, the issue is resolved as one can differentiate between the two cases and see that the logic of each of their positions is consistent.

Today’s daily daf tools:

Bava Batra 159

אִיתְּמַר: בֵּן שֶׁמָּכַר בְּנִכְסֵי אָבִיו בְּחַיֵּי אָבִיו, וָמֵת – בְּנוֹ מוֹצִיא מִיַּד הַלָּקוֹחוֹת. וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת – וְלֵימְרוּ לֵיהּ: אֲבוּךְ מְזַבֵּין, וְאַתְּ מַפֵּיק?!

that it was stated: With regard to a son who sold some of his father’s property during his father’s lifetime, and the son died, the son’s son repossesses the property from the buyers. And this is a difficult halakha with regard to monetary law, as the buyers can say to the son’s son: Does your father sell the property to us and you repossess it?

וּמַאי קוּשְׁיָא? דִּלְמָא מָצֵי אָמַר: מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא – תִּדַּע, דִּכְתִיב: ״תַּחַת אֲבֹתֶיךָ יִהְיוּ בָנֶיךָ, תְּשִׁיתֵמוֹ לְשָׂרִים בְּכׇל הָאָרֶץ״!

The Gemara asks: And what is the difficulty? Perhaps he can say: I come to repossess the property on the basis of the right of my father’s father to the property, as I inherit directly from him. Know that this is so, as it is written: “In the place of your fathers shall be your sons; you shall make them into princes throughout the land” (Psalms 45:17). The phrase “In the place of your fathers shall be your sons” indicates that a grandson inherits from his grandfather directly, and he does not inherit through his father.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – בֵּן בְּכוֹר שֶׁמָּכַר חֵלֶק בְּכוֹרָה בְּחַיֵּי אָבִיו, וָמֵת בְּחַיֵּי אָבִיו – בְּנוֹ מוֹצִיא מִיַּד הַלָּקוֹחוֹת. וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת – אֲבוּהּ מְזַבֵּין, אִיהוּ מַפֵּיק?! וְכִי תֵּימָא, הָכָא נָמֵי אָמַר: מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא; אִי מִכֹּחַ אֲבוּהּ דְּאַבָּא קָא אָתְיָא, בְּחֵלֶק בְּכוֹרָה מַאי עֲבִידְתֵּיהּ?

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: With regard to a firstborn son who sold, during his father’s lifetime, the portion of the firstborn that he was set to inherit, and he died in his father’s lifetime, his son can repossess the portion of the firstborn from the buyers. And this is a difficult halakha with regard to monetary law, as his father sells the property and he repossesses it. And if you would say: Here too, he says: I come to repossess the property on the basis of the right of my father’s father to the property, this is not a valid claim, as, if he comes to repossess the property on the basis of the right of his father’s father, what is the relevance of the portion of the firstborn, since he is not his grandfather’s firstborn?

וּמַאי קוּשְׁיָא? דִּלְמָא מָצֵי אֲמַר: מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא – וּבִמְקוֹם אָב קָאֵימְנָא!

The Gemara rejects this: And what is the difficulty? Perhaps he can say: I come to repossess the property on the basis of the right of my father’s father to the property, and yet I receive the portion of the firstborn, as I stand in my father’s stead.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – הָיָה יוֹדֵעַ לוֹ עֵדוּת בִּשְׁטָר עַד שֶׁלֹּא נַעֲשָׂה גַּזְלָן, וְנַעֲשָׂה גַּזְלָן – הוּא אֵינוֹ מֵעִיד עַל כְּתַב יָדוֹ, אֲבָל אֲחֵרִים מְעִידִין. הַשְׁתָּא אִיהוּ לָא מְהֵימַן, אַחְרִינֵי מְהֵימְנִי?! וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת.

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: One knew testimony supporting another, and his testimony was written in a document before he became a robber, and then he became a robber and was disqualified from bearing witness. In this case, he may not testify as to the legitimacy of his handwriting. But others may testify that it is his handwriting on the document. The difficulty is that now that his testimony is not deemed credible, although he knows of the matter with certainty, is it logical that others are deemed credible and his signature is ratified according to their testimony? And this is a difficult halakha with regard to monetary law.

מַאי קוּשְׁיָא? דִּלְמָא כְּגוֹן שֶׁהוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין!

The Gemara rejects this: What is the difficulty? Perhaps this halakha is referring to a case where the signature was already presumed by the court to be his handwriting before he was disqualified, and the witnesses testify merely that the document was already ratified.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – הָיָה יוֹדֵעַ לוֹ עֵדוּת בִּשְׁטָר עַד שֶׁלֹּא תִּפּוֹל לוֹ בִּירוּשָּׁה; הוּא אֵינוֹ יָכוֹל לְקַיֵּים כְּתַב יָדוֹ, אֲבָל אֲחֵרִים יְכוֹלִין לְקַיֵּים כְּתַב יָדוֹ. וּמַאי קוּשְׁיָא? דִּלְמָא הָכָא נָמֵי, כְּגוֹן שֶׁהוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין!

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: One knew testimony supporting another concerning the latter’s ownership of a plot of land, and his testimony was written in a document before the land came into the witness’s possession as an inheritance, which caused the witness to become an interested party. In this case, the witness may not ratify his handwriting. But others may ratify his handwriting. The Gemara rejects this: And what is the difficulty? Perhaps here too, the halakha is referring to a case where the signature was already presumed by the court to be his handwriting before he became an interested party, and the witnesses testify merely that the document was already ratified.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – הָיָה יוֹדֵעַ לוֹ בְּעֵדוּת עַד שֶׁלֹּא נַעֲשָׂה חֲתָנוֹ, וְנַעֲשָׂה חֲתָנוֹ – הוּא אֵינוֹ מֵעִיד עַל כְּתַב יָדוֹ, אֲבָל אֲחֵרִים מְעִידִין. הוּא לָא מְהֵימַן, אַחְרִינֵי מְהֵימְנִי?!

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: One knew testimony with regard to another, and his testimony was written in a document before he became that person’s son-in-law, and then he became his son-in-law. In this case, the son-in-law may not testify as to his handwriting, since one cannot bear witness for his relative. But others may testify that it is his handwriting. Is it logical that his testimony is not deemed credible, yet others are deemed credible and may ratify his signature?

וְכִי תֵּימָא הָכָא נָמֵי – כְּגוֹן שֶׁהוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין, וְהָא אָמַר רַב יוֹסֵף בַּר מִנְיוֹמֵי אָמַר רַב נַחְמָן: אַף עַל פִּי שֶׁלֹּא הוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין!

And if you would say: Here too, the halakha is referring to a case where the signature was already presumed by the court to be his handwriting before he became a relative, this is difficult. But doesn’t Rav Yosef bar Minyumi say that Rav Naḥman says: Others may testify as to the validity of his handwriting even though the signature was not previously presumed by the court to be his handwriting?

וּמַאי קוּשְׁיָא? דִּלְמָא גְּזֵירַת מֶלֶךְ הִיא, דְּאִיהוּ לָא מְהֵימַן, וְאַחְרִינֵי מְהֵימְנִי – וְלָאו מִשּׁוּם דִּמְשַׁקַּר! דְּאִי לָא תֵּימָא הָכִי, מֹשֶׁה וְאַהֲרֹן לְחוֹתְנָם – מִשּׁוּם דְּלָא מְהֵימְנִי הוּא?! אֶלָּא גְּזֵירַת מֶלֶךְ הוּא שֶׁלֹּא יָעִידוּ לָהֶם, הָכָא נָמֵי – גְּזֵירַת מֶלֶךְ הוּא שֶׁלֹּא יָעִיד עַל כְּתַב יָדוֹ לְחוֹתְנוֹ!

The Gemara rejects this: And what is the difficulty? Perhaps it is the King’s edict, i.e., a divine decree, that the testimony of a son-in-law is not deemed credible, and yet the testimony of others is deemed credible, and the reason he is disqualified is not that he is suspected of lying. This must be so, as if you do not say so, why are Moses and Aaron disqualified from bearing witness for their father-in-law? Could this be because their testimony is not deemed credible? Rather, it is the King’s edict that even Moses and Aaron shall not bear witness for their relatives. Here too, it is the King’s edict that a son-in-law shall not testify as to the validity of his handwriting for his father-in-law.

אֶלָּא לְעוֹלָם כִּדְאָמְרִינַן מֵעִיקָּרָא, וּדְקָא קַשְׁיָא לָךְ ״תַּחַת אֲבֹתֶיךָ יִהְיוּ בָנֶיךָ״ – הָהוּא בִּבְרָכָה כְּתִיב.

Rather, the difficulty is actually as we said initially, with regard to the halakha that if a son sold some of his father’s property and then died, the son’s son repossesses the property from the buyers. And with regard to the verse that posed a difficulty for you: “In the place of your fathers shall be your sons” (Psalms 45:17), which apparently indicates that a grandson inherits from his grandfather directly, this is not difficult. That verse is written as a blessing. The verse does not indicate the halakhic status of the grandson’s inheritance, and the reason he can repossess the property is still difficult.

וּמִי מָצֵית אָמְרַתְּ בִּבְרָכָה כְּתִיב –

The Gemara asks: But can you say that the verse is written as a blessing,

אֲבָל לְעִנְיַן דִּינָא לָא?!

but with regard to the halakha it does not indicate anything?

וְהָתַנְיָא: נָפַל הַבַּיִת עָלָיו וְעַל אָבִיו, עָלָיו וְעַל מוֹרִישָׁיו; וְהָיְתָה עָלָיו כְּתוּבַּת אִשָּׁה וּבַעַל חוֹב; יוֹרְשֵׁי הָאָב אוֹמְרִים: הַבֵּן מֵת רִאשׁוֹן, וְאַחַר כָּךְ מֵת הָאָב; וּבַעַל חוֹב אוֹמֵר: הָאָב מֵת רִאשׁוֹן, וְאַחַר כָּךְ מֵת הַבֵּן.

But isn’t it taught in the mishna (157a): A house collapsed on a son and upon his father, or upon a certain person and upon those from whom he stands to inherit, and it is unknown who died first. If the son bore the responsibility to pay the marriage contract of his wife and to pay a creditor, and the son had no money with which to pay them except that which he might inherit from his father, and the father’s heirs say: The son died first and afterward the father died, and therefore the son did not inherit property from his father, and the creditor says: The father died first and afterward the son died, there is a dispute as to the halakha. The son therefore inherited his father’s property, and his creditor has a lien upon the property, enabling him to collect payment from the property even after the son’s death.

מַאי, לָאו ״יוֹרְשֵׁי הָאָב״ – בְּנֵי, ״מוֹרִישָׁיו״ – אַחֵי? וְאִי סָלְקָא דַּעְתָּךְ לָא מָצֵי אֲמַר ״מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא״, דְּכִי כְּתִיב: ״תַּחַת אֲבֹתֶיךָ יִהְיוּ בָנֶיךָ״ – בִּבְרָכָה כְּתִיב; כִּי מֵת הַבֵּן וְאַחַר כָּךְ מֵת הָאָב – מַאי הָוֵי? נֵימָא לְהוּ בַּעַל חוֹב: יְרוּשַּׁת אֲבוּהוֹן קָא שָׁקֵילְנָא!

What, is it not correct to explain that the father’s heirs are the son’s sons, and the term: Those from whom he stands to inherit, is referring to the deceased son’s brothers? And if it enters your mind to maintain that the grandson cannot say: I come to repossess the property on the basis of the right of my father’s father to the property, as when it is written in the verse in Psalms: “In the place of your fathers shall be your sons,” this is written as a blessing, then the mishna is difficult. According to this understanding, grandsons inherit from their grandfather only through their father. If so, even if the son died first and afterward the father died, what of it? Let the creditor say to the son’s sons: It is their father’s inheritance that I am taking, as the grandsons inherit from their grandfather only through their father.

לָא; ״יוֹרְשֵׁי הָאָב״ – אֶחָיו, ״מוֹרִישָׁיו״ – אַחֵי דַּאֲבוּהּ.

The Gemara rejects this explanation: No, the father’s heirs are the deceased son’s brothers, who certainly inherit from their father directly, and the term: Those from whom he stands to inherit, is referring to the deceased son’s father’s brothers. Therefore, one cannot derive from the mishna that a grandson inherits from his grandfather directly.

בְּעוֹ מִינֵּיהּ מֵרַב שֵׁשֶׁת: בֵּן, מַהוּ שֶׁיִּירַשׁ אֶת אִמּוֹ בַּקֶּבֶר – לְהַנְחִיל לָאַחִין מִן הָאָב? אֲמַר לְהוּ רַב שֵׁשֶׁת, תְּנֵיתוּהָ: הָאָב שֶׁנִּשְׁבָּה, וּמֵת בְּנוֹ בַּמְּדִינָה; וּבֵן שֶׁנִּשְׁבָּה, וּמֵת אָבִיו בַּמְּדִינָה – יוֹרְשֵׁי הָאָב וְיוֹרְשֵׁי הַבֵּן יַחְלוֹקוּ.

§ The Sages raised a dilemma before Rav Sheshet: What is the halakha with regard to a son inheriting from his mother while he is in the grave, in order to bequeath that inheritance to his paternal brothers? If a son dies, and afterward his mother dies, does the deceased son inherit from his mother, and subsequently bequeath the inheritance to his paternal brothers, who are not related to the mother? Rav Sheshet said to them: You learned it in a baraita: Consider the case of a father who was taken captive and died in captivity, and his son died in the province, i.e., at home, and consider the case of a son who was taken captive and died, and his father died in the province. Since it is not known who died first, the father’s heirs and the son’s heirs divide the inheritance.

הֵיכִי דָמֵי? אִילֵּימָא כִּדְקָתָנֵי, הֵי נִינְהוּ יוֹרְשֵׁי הָאָב וְהֵי נִינְהוּ יוֹרְשֵׁי הַבֵּן? אֶלָּא לָאו הָכִי קָאָמַר: אָב שֶׁנִּשְׁבָּה וּמֵת בֶּן בִּתּוֹ בַּמְּדִינָה, וּבֶן בִּתּוֹ שֶׁנִּשְׁבָּה וּמֵת אֲבִי אִמּוֹ בַּמְּדִינָה, וְלָא יָדְעִינַן הֵי מִינַּיְיהוּ מִית בְּרֵישָׁא – יוֹרְשֵׁי הָאָב וְיוֹרְשֵׁי הַבֵּן יַחְלוֹקוּ.

The Gemara asks: What are the circumstances of the case? If we say that the case is as the baraita teaches, the baraita is difficult. Who are the father’s heirs and who are the son’s heirs? The same individuals inherit from both of them. Rather, is it not so that this is what the baraita is saying: Consider the case of a father who was taken captive and died in captivity, and his daughter’s son died in the province, and consider the case of the son of his daughter who was taken captive and died, and the father of the captive’s mother died in the province, and we do not know which of them died first. If the father died first, his daughter’s son inherits from him, and the son’s paternal relatives subsequently inherit from the son. If the son died first, the father’s heirs inherit the father’s estate. Since it is unknown which of them died first, the father’s heirs and the son’s heirs divide the inheritance.

וְאִם אִיתָא, נְהִי נָמֵי דְּבֵן מֵת בְּרֵישָׁא, לֵירְתֵיהּ לַאֲבוּהּ דְּאִמֵּיהּ בְּקִבְרֵיהּ, וְלֵירְתִינְהוּ לַאֲחוֹהַּ מִן אֲבוּהּ! אֶלָּא לָאו שְׁמַע מִינַּהּ – אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר, לְהַנְחִיל לָאַחִין מֵאָב?

And if it is so that a son inherits from his mother while in the grave, although the son indeed died first, he should inherit from his mother’s father while in his grave and bequeath his inheritance to his paternal brothers, and the son’s heirs should receive the entire inheritance. Rather, isn’t it correct to conclude from the baraita that the son does not inherit from his mother while in the grave in order to bequeath that inheritance to his paternal brothers?

אֲמַר לֵיהּ רַב אַחָא בַּר מִנְיוֹמֵי לְאַבָּיֵי, אַף אֲנַן נָמֵי תְּנֵינָא: נָפַל הַבַּיִת עָלָיו וְעַל אִמּוֹ – אֵלּוּ וָאֵלּוּ מוֹדִים שֶׁיַּחְלוֹקוּ. וְאִם אִיתָא, נְהִי נָמֵי דְּבֵן מֵת בְּרֵישָׁא, לֵירְתַיהּ לְאִמֵּיהּ בְּקִבְרֵיהּ, וְלֵירְתוּ אִינְהוּ לְאַחֵי מֵאֲבוּהּ! אֶלָּא לָאו שְׁמַע מִינַּהּ אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר לְהַנְחִיל לָאַחִין מִן הָאָב? שְׁמַע מִינַּהּ.

Rav Aḥa bar Minyumi said to Abaye: We learn this halakha in the mishna (158b) as well: If the house collapsed on a son and upon his mother, both these Sages and those Sages, Beit Shammai and Beit Hillel, concede that the son’s heirs and the mother’s heirs divide the property between them. And if it is so that a son inherits from his mother while in the grave, although the son indeed died first, he should inherit from his mother while in his grave and they should inherit from him, i.e., he should bequeath his inheritance to his paternal brothers. Rather, isn’t it correct to conclude from that mishna that the son does not inherit from his mother while in the grave in order to bequeath that inheritance to his paternal brothers? The Gemara affirms: Conclude from the mishna that this is so.

וְטַעְמָא מַאי? אָמַר אַבָּיֵי: נֶאֶמְרָה ״סִיבָּה״ בַּבֵּן, וְנֶאֶמְרָה ״סִיבָּה״ בַּבַּעַל; מָה ״סִיבָּה״ הָאֲמוּרָה בַּבַּעַל – אֵין הַבַּעַל יוֹרֵשׁ אֶת אִשְׁתּוֹ בַּקֶּבֶר, אַף ״סִיבָּה״ הָאֲמוּרָה בַּבֵּן – אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר, לְהַנְחִיל לָאַחִין מִן הָאָב.

And what is the reason that a son does not inherit from his mother while in the grave? Abaye says: The term transfer, concerning the transfer of inheritance from one tribe to another, was stated with regard to the inheritance of a son (see Numbers 36:7), and the term transfer was stated with regard to the inheritance of a husband (see 111b–113a and Numbers 36:9). Just as in the case categorized as transfer that was stated with regard to the inheritance of a husband, the husband does not inherit from his wife while he is in the grave in order to bequeath that inheritance to his heirs, so too, in the case categorized as transfer that was stated with regard to the inheritance of a son, the son does not inherit from his mother while in the grave in order to bequeath that inheritance to his paternal brothers.

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: נִכְסֵי דְּבַר סִיסִין מְזַבֵּנְינָא לָךְ. הֲוַאי חֲדָא אַרְעָא דַּהֲוָה מִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״, אֲמַר לֵיהּ: הָא לָאו דְּבֵי בַּר סִיסִין הִיא, וְאִיקְּרוֹיֵי הוּא דְּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״.

§ There was a certain person who said to another: I am selling to you all of the property that I own of bar Sisin. There was one parcel of land that was called the tract of the house of bar Sisin. The seller said to the buyer: This latter parcel of land is actually not the property of the house of bar Sisin, and it is merely called: Of the house of bar Sisin, and therefore it is not included in the sale.

אֲתָא לְקַמֵּיהּ דְּרַב נַחְמָן, אוֹקְמַהּ בִּידָא דְּלוֹקֵחַ. אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: דִּינָא הָכִי?! הַמּוֹצִיא מֵחֲבֵירוֹ – עָלָיו הָרְאָיָה! וְרָמֵי דְּרָבָא אַדְּרָבָא, וּדְרַב נַחְמָן אַדְּרַב נַחְמָן –

The matter came before Rav Naḥman, and he placed the land in the possession of the buyer. Rava said to Rav Naḥman: Is this the halakha? The halakha is that the burden of proof rests upon the claimant, which in this case is the buyer. And the Gemara raises a contradiction between this statement of Rava and another statement of Rava, and between this statement of Rav Naḥman and another statement of Rav Naḥman.

דְּהָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי בֵּיתָא? אֲמַר לֵיהּ: מִינָּךְ זְבֵינְתַּהּ, וַאֲכַלִית שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: אֲנָא בְּשִׁכּוּנֵי גַּוָּאֵי הֲוַאי.

The Gemara explains the contradictions. There was a certain man who said to another: What do you want, i.e., what are you doing, with this house of mine? He said to the claimant: I purchased it from you and I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: I was traveling among the settlements in a distant location, and I was unaware that you were residing in my house, which is why I did not lodge a protest.

אֲתָא לְקַמֵּיהּ דְּרַב נַחְמָן, אֲמַר לֵיהּ: זִיל בְּרוֹר אֲכִילָתָךְ. אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: דִּינָא הָכִי?! הַמּוֹצִיא מֵחֲבֵירוֹ – עָלָיו הָרְאָיָה! קַשְׁיָא דְּרָבָא אַדְּרָבָא, וּדְרַב נַחְמָן אַדְּרַב נַחְמָן!

The one residing in the house came before Rav Naḥman for a judgment. Rav Naḥman said to him: Go clarify your profiting, i.e., prove that you really resided there for three years, and then the case can be judged. Rava said to Rav Naḥman: Is this the correct judgment? The halakha is that the burden of proof rests upon the claimant. Therefore, the claimant should have to prove that the possessor did not reside in the house. The first statement of Rava is difficult, as it is contradicted by the second statement of Rava, and the first statement of Rav Naḥman is difficult, as it is contradicted by the second statement of Rav Naḥman. In the first case, Rav Naḥman ruled in favor of the buyer, and Rava ruled in favor of the seller, whereas in the second case their rulings were reversed.

דְּרָבָא אַדְּרָבָא לָא קַשְׁיָא – הָכָא מוֹכֵר קָאֵי בְּנִכְסֵיהּ, הָתָם לוֹקֵחַ קָאֵי בְּנִכְסֵיהּ.

The Gemara answers: The apparent contradiction between the first statement of Rava and the second statement of Rava is not difficult. Here, with regard to the property of bar Sisin, the seller stands in possession of his property, and the buyer claims the parcel of land from him. There, the buyer stands in possession of his property, since he dwells in the house, and the seller wishes to evict him.

דְּרַב נַחְמָן אַדְּרַב נַחְמָן לָא קַשְׁיָא – הָכָא, כֵּיוָן דְּאָמַר לֵיהּ: דְּבֵי בַּר סִיסִין, וּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״; עֲלֵיהּ דִּידֵיהּ רַמְיָא לְגַלּוֹיֵי דְּלָאו דְּבֵי בַּר סִיסִין הִיא. הָכָא, לֹא יְהֵא אֶלָּא דְּנָקֵיט שְׁטָרָא – מִי לָא אָמְרִינַן לֵיהּ: קַיֵּים שְׁטָרָךְ וְקוּם בְּנִכְסֵי?

The contradiction between one statement of Rav Naḥman and the other statement of Rav Naḥman is not difficult as well, because there, since the seller said to him: I am hereby selling you all of the property that I own of the house of bar Sisin, and this parcel of land is called: Of the house of bar Sisin, it is incumbent on him to reveal that it is not of the house of bar Sisin. But here, in the case where the claimant states that he had been in a distant location, it should not be considered as any case other than one where the possessor is holding a document as evidence that he purchased the house. Wouldn’t we then say to him: First ratify your document, and only then be established as the owner of the property? In this case as well, since his presumptive ownership is in place of a document, he needs to clarify the matter by means of witnesses.



הֲדַרַן עֲלָךְ מִי שֶׁמֵּת

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. 

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

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

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

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!

Elisheva Brauner
Elisheva Brauner

Jerusalem, Israel

I was exposed to Talmud in high school, but I was truly inspired after my daughter and I decided to attend the Women’s Siyum Shas in 2020. We knew that this was a historic moment. We were blown away, overcome with emotion at the euphoria of the revolution. Right then, I knew I would continue. My commitment deepened with the every-morning Virtual Beit Midrash on Zoom with R. Michelle.

Adina Hagege
Adina Hagege

Zichron Yaakov, 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

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

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 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 graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, 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

The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.

Laura Warshawsky
Laura Warshawsky

Silver Spring, Maryland, United States

I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!

Pamela Elisheva
Pamela Elisheva

Bakersfield, 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

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’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Sarene Shanus

Mamaroneck, NY, United States

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

I started learning the daf during Covid. I’d always wanted to learn Talmud but that wasn’t an option for girls in the small town I grew up in and I struggled to help my younger kids with Hebrew homework let alone read a Hebrew text. I decided to start small by listening to the daf podcast on the way to work each morning. Then I joined the Long Island WhatsApp group. Now I go to the siyyums.

IMG_4212
Shoshana Bazini

Long Island, United States

Bava Batra 159

אִיתְּמַר: בֵּן שֶׁמָּכַר בְּנִכְסֵי אָבִיו בְּחַיֵּי אָבִיו, וָמֵת – בְּנוֹ מוֹצִיא מִיַּד הַלָּקוֹחוֹת. וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת – וְלֵימְרוּ לֵיהּ: אֲבוּךְ מְזַבֵּין, וְאַתְּ מַפֵּיק?!

that it was stated: With regard to a son who sold some of his father’s property during his father’s lifetime, and the son died, the son’s son repossesses the property from the buyers. And this is a difficult halakha with regard to monetary law, as the buyers can say to the son’s son: Does your father sell the property to us and you repossess it?

וּמַאי קוּשְׁיָא? דִּלְמָא מָצֵי אָמַר: מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא – תִּדַּע, דִּכְתִיב: ״תַּחַת אֲבֹתֶיךָ יִהְיוּ בָנֶיךָ, תְּשִׁיתֵמוֹ לְשָׂרִים בְּכׇל הָאָרֶץ״!

The Gemara asks: And what is the difficulty? Perhaps he can say: I come to repossess the property on the basis of the right of my father’s father to the property, as I inherit directly from him. Know that this is so, as it is written: “In the place of your fathers shall be your sons; you shall make them into princes throughout the land” (Psalms 45:17). The phrase “In the place of your fathers shall be your sons” indicates that a grandson inherits from his grandfather directly, and he does not inherit through his father.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – בֵּן בְּכוֹר שֶׁמָּכַר חֵלֶק בְּכוֹרָה בְּחַיֵּי אָבִיו, וָמֵת בְּחַיֵּי אָבִיו – בְּנוֹ מוֹצִיא מִיַּד הַלָּקוֹחוֹת. וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת – אֲבוּהּ מְזַבֵּין, אִיהוּ מַפֵּיק?! וְכִי תֵּימָא, הָכָא נָמֵי אָמַר: מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא; אִי מִכֹּחַ אֲבוּהּ דְּאַבָּא קָא אָתְיָא, בְּחֵלֶק בְּכוֹרָה מַאי עֲבִידְתֵּיהּ?

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: With regard to a firstborn son who sold, during his father’s lifetime, the portion of the firstborn that he was set to inherit, and he died in his father’s lifetime, his son can repossess the portion of the firstborn from the buyers. And this is a difficult halakha with regard to monetary law, as his father sells the property and he repossesses it. And if you would say: Here too, he says: I come to repossess the property on the basis of the right of my father’s father to the property, this is not a valid claim, as, if he comes to repossess the property on the basis of the right of his father’s father, what is the relevance of the portion of the firstborn, since he is not his grandfather’s firstborn?

וּמַאי קוּשְׁיָא? דִּלְמָא מָצֵי אֲמַר: מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא – וּבִמְקוֹם אָב קָאֵימְנָא!

The Gemara rejects this: And what is the difficulty? Perhaps he can say: I come to repossess the property on the basis of the right of my father’s father to the property, and yet I receive the portion of the firstborn, as I stand in my father’s stead.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – הָיָה יוֹדֵעַ לוֹ עֵדוּת בִּשְׁטָר עַד שֶׁלֹּא נַעֲשָׂה גַּזְלָן, וְנַעֲשָׂה גַּזְלָן – הוּא אֵינוֹ מֵעִיד עַל כְּתַב יָדוֹ, אֲבָל אֲחֵרִים מְעִידִין. הַשְׁתָּא אִיהוּ לָא מְהֵימַן, אַחְרִינֵי מְהֵימְנִי?! וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת.

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: One knew testimony supporting another, and his testimony was written in a document before he became a robber, and then he became a robber and was disqualified from bearing witness. In this case, he may not testify as to the legitimacy of his handwriting. But others may testify that it is his handwriting on the document. The difficulty is that now that his testimony is not deemed credible, although he knows of the matter with certainty, is it logical that others are deemed credible and his signature is ratified according to their testimony? And this is a difficult halakha with regard to monetary law.

מַאי קוּשְׁיָא? דִּלְמָא כְּגוֹן שֶׁהוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין!

The Gemara rejects this: What is the difficulty? Perhaps this halakha is referring to a case where the signature was already presumed by the court to be his handwriting before he was disqualified, and the witnesses testify merely that the document was already ratified.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – הָיָה יוֹדֵעַ לוֹ עֵדוּת בִּשְׁטָר עַד שֶׁלֹּא תִּפּוֹל לוֹ בִּירוּשָּׁה; הוּא אֵינוֹ יָכוֹל לְקַיֵּים כְּתַב יָדוֹ, אֲבָל אֲחֵרִים יְכוֹלִין לְקַיֵּים כְּתַב יָדוֹ. וּמַאי קוּשְׁיָא? דִּלְמָא הָכָא נָמֵי, כְּגוֹן שֶׁהוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין!

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: One knew testimony supporting another concerning the latter’s ownership of a plot of land, and his testimony was written in a document before the land came into the witness’s possession as an inheritance, which caused the witness to become an interested party. In this case, the witness may not ratify his handwriting. But others may ratify his handwriting. The Gemara rejects this: And what is the difficulty? Perhaps here too, the halakha is referring to a case where the signature was already presumed by the court to be his handwriting before he became an interested party, and the witnesses testify merely that the document was already ratified.

אֶלָּא אִי קַשְׁיָא, הָא קַשְׁיָא – הָיָה יוֹדֵעַ לוֹ בְּעֵדוּת עַד שֶׁלֹּא נַעֲשָׂה חֲתָנוֹ, וְנַעֲשָׂה חֲתָנוֹ – הוּא אֵינוֹ מֵעִיד עַל כְּתַב יָדוֹ, אֲבָל אֲחֵרִים מְעִידִין. הוּא לָא מְהֵימַן, אַחְרִינֵי מְהֵימְנִי?!

Rather, if there is a halakha with regard to monetary law that poses a difficulty, this is the difficult halakha: One knew testimony with regard to another, and his testimony was written in a document before he became that person’s son-in-law, and then he became his son-in-law. In this case, the son-in-law may not testify as to his handwriting, since one cannot bear witness for his relative. But others may testify that it is his handwriting. Is it logical that his testimony is not deemed credible, yet others are deemed credible and may ratify his signature?

וְכִי תֵּימָא הָכָא נָמֵי – כְּגוֹן שֶׁהוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין, וְהָא אָמַר רַב יוֹסֵף בַּר מִנְיוֹמֵי אָמַר רַב נַחְמָן: אַף עַל פִּי שֶׁלֹּא הוּחְזַק כְּתַב יָדוֹ בְּבֵית דִּין!

And if you would say: Here too, the halakha is referring to a case where the signature was already presumed by the court to be his handwriting before he became a relative, this is difficult. But doesn’t Rav Yosef bar Minyumi say that Rav Naḥman says: Others may testify as to the validity of his handwriting even though the signature was not previously presumed by the court to be his handwriting?

וּמַאי קוּשְׁיָא? דִּלְמָא גְּזֵירַת מֶלֶךְ הִיא, דְּאִיהוּ לָא מְהֵימַן, וְאַחְרִינֵי מְהֵימְנִי – וְלָאו מִשּׁוּם דִּמְשַׁקַּר! דְּאִי לָא תֵּימָא הָכִי, מֹשֶׁה וְאַהֲרֹן לְחוֹתְנָם – מִשּׁוּם דְּלָא מְהֵימְנִי הוּא?! אֶלָּא גְּזֵירַת מֶלֶךְ הוּא שֶׁלֹּא יָעִידוּ לָהֶם, הָכָא נָמֵי – גְּזֵירַת מֶלֶךְ הוּא שֶׁלֹּא יָעִיד עַל כְּתַב יָדוֹ לְחוֹתְנוֹ!

The Gemara rejects this: And what is the difficulty? Perhaps it is the King’s edict, i.e., a divine decree, that the testimony of a son-in-law is not deemed credible, and yet the testimony of others is deemed credible, and the reason he is disqualified is not that he is suspected of lying. This must be so, as if you do not say so, why are Moses and Aaron disqualified from bearing witness for their father-in-law? Could this be because their testimony is not deemed credible? Rather, it is the King’s edict that even Moses and Aaron shall not bear witness for their relatives. Here too, it is the King’s edict that a son-in-law shall not testify as to the validity of his handwriting for his father-in-law.

אֶלָּא לְעוֹלָם כִּדְאָמְרִינַן מֵעִיקָּרָא, וּדְקָא קַשְׁיָא לָךְ ״תַּחַת אֲבֹתֶיךָ יִהְיוּ בָנֶיךָ״ – הָהוּא בִּבְרָכָה כְּתִיב.

Rather, the difficulty is actually as we said initially, with regard to the halakha that if a son sold some of his father’s property and then died, the son’s son repossesses the property from the buyers. And with regard to the verse that posed a difficulty for you: “In the place of your fathers shall be your sons” (Psalms 45:17), which apparently indicates that a grandson inherits from his grandfather directly, this is not difficult. That verse is written as a blessing. The verse does not indicate the halakhic status of the grandson’s inheritance, and the reason he can repossess the property is still difficult.

וּמִי מָצֵית אָמְרַתְּ בִּבְרָכָה כְּתִיב –

The Gemara asks: But can you say that the verse is written as a blessing,

אֲבָל לְעִנְיַן דִּינָא לָא?!

but with regard to the halakha it does not indicate anything?

וְהָתַנְיָא: נָפַל הַבַּיִת עָלָיו וְעַל אָבִיו, עָלָיו וְעַל מוֹרִישָׁיו; וְהָיְתָה עָלָיו כְּתוּבַּת אִשָּׁה וּבַעַל חוֹב; יוֹרְשֵׁי הָאָב אוֹמְרִים: הַבֵּן מֵת רִאשׁוֹן, וְאַחַר כָּךְ מֵת הָאָב; וּבַעַל חוֹב אוֹמֵר: הָאָב מֵת רִאשׁוֹן, וְאַחַר כָּךְ מֵת הַבֵּן.

But isn’t it taught in the mishna (157a): A house collapsed on a son and upon his father, or upon a certain person and upon those from whom he stands to inherit, and it is unknown who died first. If the son bore the responsibility to pay the marriage contract of his wife and to pay a creditor, and the son had no money with which to pay them except that which he might inherit from his father, and the father’s heirs say: The son died first and afterward the father died, and therefore the son did not inherit property from his father, and the creditor says: The father died first and afterward the son died, there is a dispute as to the halakha. The son therefore inherited his father’s property, and his creditor has a lien upon the property, enabling him to collect payment from the property even after the son’s death.

מַאי, לָאו ״יוֹרְשֵׁי הָאָב״ – בְּנֵי, ״מוֹרִישָׁיו״ – אַחֵי? וְאִי סָלְקָא דַּעְתָּךְ לָא מָצֵי אֲמַר ״מִכֹּחַ אֲבוּהּ דְּאַבָּא קָאָתֵינָא״, דְּכִי כְּתִיב: ״תַּחַת אֲבֹתֶיךָ יִהְיוּ בָנֶיךָ״ – בִּבְרָכָה כְּתִיב; כִּי מֵת הַבֵּן וְאַחַר כָּךְ מֵת הָאָב – מַאי הָוֵי? נֵימָא לְהוּ בַּעַל חוֹב: יְרוּשַּׁת אֲבוּהוֹן קָא שָׁקֵילְנָא!

What, is it not correct to explain that the father’s heirs are the son’s sons, and the term: Those from whom he stands to inherit, is referring to the deceased son’s brothers? And if it enters your mind to maintain that the grandson cannot say: I come to repossess the property on the basis of the right of my father’s father to the property, as when it is written in the verse in Psalms: “In the place of your fathers shall be your sons,” this is written as a blessing, then the mishna is difficult. According to this understanding, grandsons inherit from their grandfather only through their father. If so, even if the son died first and afterward the father died, what of it? Let the creditor say to the son’s sons: It is their father’s inheritance that I am taking, as the grandsons inherit from their grandfather only through their father.

לָא; ״יוֹרְשֵׁי הָאָב״ – אֶחָיו, ״מוֹרִישָׁיו״ – אַחֵי דַּאֲבוּהּ.

The Gemara rejects this explanation: No, the father’s heirs are the deceased son’s brothers, who certainly inherit from their father directly, and the term: Those from whom he stands to inherit, is referring to the deceased son’s father’s brothers. Therefore, one cannot derive from the mishna that a grandson inherits from his grandfather directly.

בְּעוֹ מִינֵּיהּ מֵרַב שֵׁשֶׁת: בֵּן, מַהוּ שֶׁיִּירַשׁ אֶת אִמּוֹ בַּקֶּבֶר – לְהַנְחִיל לָאַחִין מִן הָאָב? אֲמַר לְהוּ רַב שֵׁשֶׁת, תְּנֵיתוּהָ: הָאָב שֶׁנִּשְׁבָּה, וּמֵת בְּנוֹ בַּמְּדִינָה; וּבֵן שֶׁנִּשְׁבָּה, וּמֵת אָבִיו בַּמְּדִינָה – יוֹרְשֵׁי הָאָב וְיוֹרְשֵׁי הַבֵּן יַחְלוֹקוּ.

§ The Sages raised a dilemma before Rav Sheshet: What is the halakha with regard to a son inheriting from his mother while he is in the grave, in order to bequeath that inheritance to his paternal brothers? If a son dies, and afterward his mother dies, does the deceased son inherit from his mother, and subsequently bequeath the inheritance to his paternal brothers, who are not related to the mother? Rav Sheshet said to them: You learned it in a baraita: Consider the case of a father who was taken captive and died in captivity, and his son died in the province, i.e., at home, and consider the case of a son who was taken captive and died, and his father died in the province. Since it is not known who died first, the father’s heirs and the son’s heirs divide the inheritance.

הֵיכִי דָמֵי? אִילֵּימָא כִּדְקָתָנֵי, הֵי נִינְהוּ יוֹרְשֵׁי הָאָב וְהֵי נִינְהוּ יוֹרְשֵׁי הַבֵּן? אֶלָּא לָאו הָכִי קָאָמַר: אָב שֶׁנִּשְׁבָּה וּמֵת בֶּן בִּתּוֹ בַּמְּדִינָה, וּבֶן בִּתּוֹ שֶׁנִּשְׁבָּה וּמֵת אֲבִי אִמּוֹ בַּמְּדִינָה, וְלָא יָדְעִינַן הֵי מִינַּיְיהוּ מִית בְּרֵישָׁא – יוֹרְשֵׁי הָאָב וְיוֹרְשֵׁי הַבֵּן יַחְלוֹקוּ.

The Gemara asks: What are the circumstances of the case? If we say that the case is as the baraita teaches, the baraita is difficult. Who are the father’s heirs and who are the son’s heirs? The same individuals inherit from both of them. Rather, is it not so that this is what the baraita is saying: Consider the case of a father who was taken captive and died in captivity, and his daughter’s son died in the province, and consider the case of the son of his daughter who was taken captive and died, and the father of the captive’s mother died in the province, and we do not know which of them died first. If the father died first, his daughter’s son inherits from him, and the son’s paternal relatives subsequently inherit from the son. If the son died first, the father’s heirs inherit the father’s estate. Since it is unknown which of them died first, the father’s heirs and the son’s heirs divide the inheritance.

וְאִם אִיתָא, נְהִי נָמֵי דְּבֵן מֵת בְּרֵישָׁא, לֵירְתֵיהּ לַאֲבוּהּ דְּאִמֵּיהּ בְּקִבְרֵיהּ, וְלֵירְתִינְהוּ לַאֲחוֹהַּ מִן אֲבוּהּ! אֶלָּא לָאו שְׁמַע מִינַּהּ – אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר, לְהַנְחִיל לָאַחִין מֵאָב?

And if it is so that a son inherits from his mother while in the grave, although the son indeed died first, he should inherit from his mother’s father while in his grave and bequeath his inheritance to his paternal brothers, and the son’s heirs should receive the entire inheritance. Rather, isn’t it correct to conclude from the baraita that the son does not inherit from his mother while in the grave in order to bequeath that inheritance to his paternal brothers?

אֲמַר לֵיהּ רַב אַחָא בַּר מִנְיוֹמֵי לְאַבָּיֵי, אַף אֲנַן נָמֵי תְּנֵינָא: נָפַל הַבַּיִת עָלָיו וְעַל אִמּוֹ – אֵלּוּ וָאֵלּוּ מוֹדִים שֶׁיַּחְלוֹקוּ. וְאִם אִיתָא, נְהִי נָמֵי דְּבֵן מֵת בְּרֵישָׁא, לֵירְתַיהּ לְאִמֵּיהּ בְּקִבְרֵיהּ, וְלֵירְתוּ אִינְהוּ לְאַחֵי מֵאֲבוּהּ! אֶלָּא לָאו שְׁמַע מִינַּהּ אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר לְהַנְחִיל לָאַחִין מִן הָאָב? שְׁמַע מִינַּהּ.

Rav Aḥa bar Minyumi said to Abaye: We learn this halakha in the mishna (158b) as well: If the house collapsed on a son and upon his mother, both these Sages and those Sages, Beit Shammai and Beit Hillel, concede that the son’s heirs and the mother’s heirs divide the property between them. And if it is so that a son inherits from his mother while in the grave, although the son indeed died first, he should inherit from his mother while in his grave and they should inherit from him, i.e., he should bequeath his inheritance to his paternal brothers. Rather, isn’t it correct to conclude from that mishna that the son does not inherit from his mother while in the grave in order to bequeath that inheritance to his paternal brothers? The Gemara affirms: Conclude from the mishna that this is so.

וְטַעְמָא מַאי? אָמַר אַבָּיֵי: נֶאֶמְרָה ״סִיבָּה״ בַּבֵּן, וְנֶאֶמְרָה ״סִיבָּה״ בַּבַּעַל; מָה ״סִיבָּה״ הָאֲמוּרָה בַּבַּעַל – אֵין הַבַּעַל יוֹרֵשׁ אֶת אִשְׁתּוֹ בַּקֶּבֶר, אַף ״סִיבָּה״ הָאֲמוּרָה בַּבֵּן – אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר, לְהַנְחִיל לָאַחִין מִן הָאָב.

And what is the reason that a son does not inherit from his mother while in the grave? Abaye says: The term transfer, concerning the transfer of inheritance from one tribe to another, was stated with regard to the inheritance of a son (see Numbers 36:7), and the term transfer was stated with regard to the inheritance of a husband (see 111b–113a and Numbers 36:9). Just as in the case categorized as transfer that was stated with regard to the inheritance of a husband, the husband does not inherit from his wife while he is in the grave in order to bequeath that inheritance to his heirs, so too, in the case categorized as transfer that was stated with regard to the inheritance of a son, the son does not inherit from his mother while in the grave in order to bequeath that inheritance to his paternal brothers.

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: נִכְסֵי דְּבַר סִיסִין מְזַבֵּנְינָא לָךְ. הֲוַאי חֲדָא אַרְעָא דַּהֲוָה מִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״, אֲמַר לֵיהּ: הָא לָאו דְּבֵי בַּר סִיסִין הִיא, וְאִיקְּרוֹיֵי הוּא דְּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״.

§ There was a certain person who said to another: I am selling to you all of the property that I own of bar Sisin. There was one parcel of land that was called the tract of the house of bar Sisin. The seller said to the buyer: This latter parcel of land is actually not the property of the house of bar Sisin, and it is merely called: Of the house of bar Sisin, and therefore it is not included in the sale.

אֲתָא לְקַמֵּיהּ דְּרַב נַחְמָן, אוֹקְמַהּ בִּידָא דְּלוֹקֵחַ. אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: דִּינָא הָכִי?! הַמּוֹצִיא מֵחֲבֵירוֹ – עָלָיו הָרְאָיָה! וְרָמֵי דְּרָבָא אַדְּרָבָא, וּדְרַב נַחְמָן אַדְּרַב נַחְמָן –

The matter came before Rav Naḥman, and he placed the land in the possession of the buyer. Rava said to Rav Naḥman: Is this the halakha? The halakha is that the burden of proof rests upon the claimant, which in this case is the buyer. And the Gemara raises a contradiction between this statement of Rava and another statement of Rava, and between this statement of Rav Naḥman and another statement of Rav Naḥman.

דְּהָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי בֵּיתָא? אֲמַר לֵיהּ: מִינָּךְ זְבֵינְתַּהּ, וַאֲכַלִית שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: אֲנָא בְּשִׁכּוּנֵי גַּוָּאֵי הֲוַאי.

The Gemara explains the contradictions. There was a certain man who said to another: What do you want, i.e., what are you doing, with this house of mine? He said to the claimant: I purchased it from you and I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: I was traveling among the settlements in a distant location, and I was unaware that you were residing in my house, which is why I did not lodge a protest.

אֲתָא לְקַמֵּיהּ דְּרַב נַחְמָן, אֲמַר לֵיהּ: זִיל בְּרוֹר אֲכִילָתָךְ. אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: דִּינָא הָכִי?! הַמּוֹצִיא מֵחֲבֵירוֹ – עָלָיו הָרְאָיָה! קַשְׁיָא דְּרָבָא אַדְּרָבָא, וּדְרַב נַחְמָן אַדְּרַב נַחְמָן!

The one residing in the house came before Rav Naḥman for a judgment. Rav Naḥman said to him: Go clarify your profiting, i.e., prove that you really resided there for three years, and then the case can be judged. Rava said to Rav Naḥman: Is this the correct judgment? The halakha is that the burden of proof rests upon the claimant. Therefore, the claimant should have to prove that the possessor did not reside in the house. The first statement of Rava is difficult, as it is contradicted by the second statement of Rava, and the first statement of Rav Naḥman is difficult, as it is contradicted by the second statement of Rav Naḥman. In the first case, Rav Naḥman ruled in favor of the buyer, and Rava ruled in favor of the seller, whereas in the second case their rulings were reversed.

דְּרָבָא אַדְּרָבָא לָא קַשְׁיָא – הָכָא מוֹכֵר קָאֵי בְּנִכְסֵיהּ, הָתָם לוֹקֵחַ קָאֵי בְּנִכְסֵיהּ.

The Gemara answers: The apparent contradiction between the first statement of Rava and the second statement of Rava is not difficult. Here, with regard to the property of bar Sisin, the seller stands in possession of his property, and the buyer claims the parcel of land from him. There, the buyer stands in possession of his property, since he dwells in the house, and the seller wishes to evict him.

דְּרַב נַחְמָן אַדְּרַב נַחְמָן לָא קַשְׁיָא – הָכָא, כֵּיוָן דְּאָמַר לֵיהּ: דְּבֵי בַּר סִיסִין, וּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״; עֲלֵיהּ דִּידֵיהּ רַמְיָא לְגַלּוֹיֵי דְּלָאו דְּבֵי בַּר סִיסִין הִיא. הָכָא, לֹא יְהֵא אֶלָּא דְּנָקֵיט שְׁטָרָא – מִי לָא אָמְרִינַן לֵיהּ: קַיֵּים שְׁטָרָךְ וְקוּם בְּנִכְסֵי?

The contradiction between one statement of Rav Naḥman and the other statement of Rav Naḥman is not difficult as well, because there, since the seller said to him: I am hereby selling you all of the property that I own of the house of bar Sisin, and this parcel of land is called: Of the house of bar Sisin, it is incumbent on him to reveal that it is not of the house of bar Sisin. But here, in the case where the claimant states that he had been in a distant location, it should not be considered as any case other than one where the possessor is holding a document as evidence that he purchased the house. Wouldn’t we then say to him: First ratify your document, and only then be established as the owner of the property? In this case as well, since his presumptive ownership is in place of a document, he needs to clarify the matter by means of witnesses.

הֲדַרַן עֲלָךְ מִי שֶׁמֵּת

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