Search

Bava Batra 114

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

If one performs a transaction with a kinyan chalipin, a symbolic act of acquiring, until what point can each side renege on the agreement? Raba and Rav Yosef differ on this point. Rav Yosef supports his opinion from the statement of Rav Yehuda regarding three who went to visit a dying person who can function as a court regarding dividing up the dying person’s property. However, Raba rejects his proof.

Why did the Mishna need to list the people who inherit but do not bequeath to each other, as it can be derived from the previous section of those who bequeath but do not inherit? The answer is that they wanted to teach something additional by connecting two of the three cases – a woman from her son and a woman from her husband – just as a husband does not inherit property the wife inherits after her death (property she would have inherited, were she still alive), a son does not inherit property from his mother if he is no longer alive to pass to his paternal brothers.

Rabbi Yochanan quotes a statement of Rabbi Yehuda son of Rabbi Shimon that a mother inherits her son.

Today’s daily daf tools:

Bava Batra 114

אֲבָל בַּלַּיְלָה, אֲפִילּוּ שְׁלֹשָׁה – כּוֹתְבִין וְאֵין עוֹשִׂין דִּין. מַאי טַעְמָא? דְּהָווּ לְהוּ עֵדִים, וְאֵין עֵד נַעֲשֶׂה דַּיָּין. אֲמַר לֵיהּ: אִין, הָכִי נָמֵי קָאָמֵינָא.

but if they came at night, even if three men came to visit the sick person, they may write the will and sign it as witnesses but they may not act in judgment. What is the reason that they may not act in judgment the next day? It is because they are already witnesses to the will of the deceased, and there is a principle that a witness cannot become a judge, i.e., one who acts as a witness in a particular matter cannot become a judge with regard to that same matter? Rabba bar Ḥanina said to Abaye: Yes, it is indeed so; this is what I was saying.

אִיתְּמַר: קִנְיָן, עַד אֵימָתַי חוֹזֵר? רַבָּה אָמַר: כׇּל זְמַן שֶׁיּוֹשְׁבִין. רַב יוֹסֵף אָמַר: כׇּל זְמַן שֶׁעוֹסְקִין בְּאוֹתוֹ עִנְיָן.

§ After mentioning Rav Yehuda’s ruling the Gemara cites a related dispute. It was stated: With regard to a transaction, until when may one of the parties renege on the transaction? Rabba says: As long as they are seated in the same location they may renege on the transaction. Rav Yosef says: As long as they are dealing with that matter, i.e., they are still discussing that transaction, they may renege on it.

אָמַר רַב יוֹסֵף: כְּווֹתִי דִּידִי מִסְתַּבְּרָא, דְּאָמַר רַב יְהוּדָה: שְׁלֹשָׁה שֶׁנִּכְנְסוּ לְבַקֵּר אֶת הַחוֹלֶה – רָצוּ כּוֹתְבִין, רָצוּ עוֹשִׂין דִּין. וְאִי סָלְקָא דַּעְתָּךְ כׇּל זְמַן שֶׁיּוֹשְׁבִין, לֵיחוּשׁ דִּלְמָא הֲדַר בֵּיהּ!

Rav Yosef said: It stands to reason in accordance with my opinion, as Rav Yehuda says: In a case where there were three men who entered a room to visit a sick person and the sick person desires to write a will in order to distribute his property following his death, if the visitors wish to do so they may write his will and sign it as witnesses. And if they wish, they may act in judgment. And if it enters your mind that one may renege on a deal as long as they are seated in the same location, then let us be concerned that perhaps he will renege on his decision. How can the visitors act in judgment in a case where the matter has not been resolved, as the sick person may still change his mind?

אָמַר רַב אָשֵׁי: אַמְרִיתַהּ לִשְׁמַעְתָּא קַמֵּיהּ דְּרַב כָּהֲנָא; וּלְרַב יוֹסֵף מִי נִיחָא?! וְלֵיחוּשׁ דִּלְמָא הָדַר בֵּיהּ! אֶלָּא מַאי אִית לָךְ לְמֵימַר – דִּיסְלִיקוּ

Rav Ashi said: I stated this halakha before Rav Kahana and I asked him: And according to the opinion of Rav Yosef, does it work out well? But even according to his opinion there should be a concern that perhaps he will renege on his decision, as Rav Yosef holds that one may renege on a transaction as long as the two parties are still dealing with that matter. Rather, what have you to say? That according to Rav Yosef, Rav Yehuda’s ruling applies where they withdrew

מֵעִנְיָנָא לְעִנְיָנָא; הָכִי נָמֵי, דְּקָמוּ וַהֲדַר יְתִיבוּ. וְהִלְכְתָא כְּווֹתֵיהּ דְּרַב יוֹסֵף בְּשָׂדֶה, עִנְיָן וּמֶחֱצָה.

from discussing that matter to discuss a different matter, so he can no longer renege on his decision. So too, according to Rabba, one can explain that Rav Yehuda was referring to a case where they arose and then sat down again. Although no support for Rav Yosef’s opinion was adduced from Rav Yehuda’s ruling, the Gemara nevertheless states: And the halakha is in accordance with the opinion of Rav Yosef in the disputes concerning the division of a field, discussed above (12b), reneging while they are discussing the same matter, discussed here, and a half of one’s property, discussed below (143a).

הָאִשָּׁה אֶת בְּנָהּ וְכוּ׳. הָא תּוּ לְמָה לִי? הָא תְּנָא לֵיהּ רֵישָׁא: הָאִישׁ אֶת אִמּוֹ, וְהָאִישׁ אֶת אִשְׁתּוֹ!

§ The mishna teaches that a woman bequeaths to her son, her husband, and her maternal uncles, but she does not inherit from them. The Gemara asks: Why do I need this as well? But it is already taught in the former clause: A man inherits from his mother and a man inherits from his wife. The halakha stated in this clause seems to be the same as that of the other clause.

הָא קָא מַשְׁמַע לַן – דְּאִשָּׁה אֶת בְּנָהּ, דּוּמְיָא דְּאִשָּׁה אֶת בַּעְלָהּ; מָה אִשָּׁה אֶת בַּעְלָהּ – אֵין הַבַּעַל יוֹרֵשׁ אֶת אִשְׁתּוֹ בַּקֶּבֶר, אַף אִשָּׁה אֶת בְּנָהּ – אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר, לְהַנְחִיל לָאַחִין מִן הָאָב.

The Gemara answers: This teaches us that the halakha of a woman who bequeaths to her son is similar to that of a woman who bequeaths to her husband: Just as with regard to a woman who bequeaths to her husband, the husband does not inherit property through his wife while he is in the grave, i.e., if a husband predeceases his wife, then his relatives, such as children from another marriage, do not inherit the wife’s property through him but rather the wife’s own relatives inherit her property, so too, the same halakha applies with regard to a woman who bequeaths to her son, that the son does not inherit property through his mother while he is in the grave in order to bequeath to his paternal brothers. In both cases, the woman’s own relatives inherit her property.

אָמַר רַבִּי יוֹחָנָן מִשּׁוּם רַבִּי יְהוּדָה בֶּן רַבִּי שִׁמְעוֹן: דְּבַר תּוֹרָה – הָאָב יוֹרֵשׁ אֶת בְּנוֹ, וְאִשָּׁה יוֹרֶשֶׁת אֶת בְּנָהּ; שֶׁנֶּאֱמַר: ״מַטּוֹת״ – מַקִּישׁ מַטֵּה הָאֵם לְמַטֵּה הָאָב, מָה מַטֵּה הָאָב – אָב יוֹרֵשׁ אֶת בְּנוֹ, אַף מַטֵּה הָאֵם – אִשָּׁה יוֹרֶשֶׁת אֶת בְּנָהּ.

§ With regard to the halakha that a mother inherits from her son, the Gemara notes that Rabbi Yoḥanan says in the name of Rabbi Yehuda ben Rabbi Shimon: By Torah law a father inherits from his son, and a woman inherits from her son if the father is no longer alive, as it is stated with regard to a woman receiving inheritance: “And every daughter who possesses an inheritance from the tribes of the children of Israel” (Numbers 36:8). Since the plural term “tribes” includes both her father’s tribe and her mother’s tribe, the verse juxtaposes the tribe of the mother to the tribe of the father, in that just as with regard to the father’s tribe a father inherits from his son, so too, with regard to the mother’s tribe, a woman inherits from her son if the father is deceased.

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. 

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.
Wendy Rozov
Wendy Rozov

Phoenix, AZ, 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

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

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

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

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

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

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

Philadelphia, United States

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

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

It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.

Joanna Rom
Joanna Rom

Northwest Washington, United States

In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.

Lisa Berkelhammer
Lisa Berkelhammer

San Francisco, CA , United States

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

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

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

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

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

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

Medinah Korn
Medinah Korn

בית שמש, Israel

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, 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

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 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

Bava Batra 114

אֲבָל בַּלַּיְלָה, אֲפִילּוּ שְׁלֹשָׁה – כּוֹתְבִין וְאֵין עוֹשִׂין דִּין. מַאי טַעְמָא? דְּהָווּ לְהוּ עֵדִים, וְאֵין עֵד נַעֲשֶׂה דַּיָּין. אֲמַר לֵיהּ: אִין, הָכִי נָמֵי קָאָמֵינָא.

but if they came at night, even if three men came to visit the sick person, they may write the will and sign it as witnesses but they may not act in judgment. What is the reason that they may not act in judgment the next day? It is because they are already witnesses to the will of the deceased, and there is a principle that a witness cannot become a judge, i.e., one who acts as a witness in a particular matter cannot become a judge with regard to that same matter? Rabba bar Ḥanina said to Abaye: Yes, it is indeed so; this is what I was saying.

אִיתְּמַר: קִנְיָן, עַד אֵימָתַי חוֹזֵר? רַבָּה אָמַר: כׇּל זְמַן שֶׁיּוֹשְׁבִין. רַב יוֹסֵף אָמַר: כׇּל זְמַן שֶׁעוֹסְקִין בְּאוֹתוֹ עִנְיָן.

§ After mentioning Rav Yehuda’s ruling the Gemara cites a related dispute. It was stated: With regard to a transaction, until when may one of the parties renege on the transaction? Rabba says: As long as they are seated in the same location they may renege on the transaction. Rav Yosef says: As long as they are dealing with that matter, i.e., they are still discussing that transaction, they may renege on it.

אָמַר רַב יוֹסֵף: כְּווֹתִי דִּידִי מִסְתַּבְּרָא, דְּאָמַר רַב יְהוּדָה: שְׁלֹשָׁה שֶׁנִּכְנְסוּ לְבַקֵּר אֶת הַחוֹלֶה – רָצוּ כּוֹתְבִין, רָצוּ עוֹשִׂין דִּין. וְאִי סָלְקָא דַּעְתָּךְ כׇּל זְמַן שֶׁיּוֹשְׁבִין, לֵיחוּשׁ דִּלְמָא הֲדַר בֵּיהּ!

Rav Yosef said: It stands to reason in accordance with my opinion, as Rav Yehuda says: In a case where there were three men who entered a room to visit a sick person and the sick person desires to write a will in order to distribute his property following his death, if the visitors wish to do so they may write his will and sign it as witnesses. And if they wish, they may act in judgment. And if it enters your mind that one may renege on a deal as long as they are seated in the same location, then let us be concerned that perhaps he will renege on his decision. How can the visitors act in judgment in a case where the matter has not been resolved, as the sick person may still change his mind?

אָמַר רַב אָשֵׁי: אַמְרִיתַהּ לִשְׁמַעְתָּא קַמֵּיהּ דְּרַב כָּהֲנָא; וּלְרַב יוֹסֵף מִי נִיחָא?! וְלֵיחוּשׁ דִּלְמָא הָדַר בֵּיהּ! אֶלָּא מַאי אִית לָךְ לְמֵימַר – דִּיסְלִיקוּ

Rav Ashi said: I stated this halakha before Rav Kahana and I asked him: And according to the opinion of Rav Yosef, does it work out well? But even according to his opinion there should be a concern that perhaps he will renege on his decision, as Rav Yosef holds that one may renege on a transaction as long as the two parties are still dealing with that matter. Rather, what have you to say? That according to Rav Yosef, Rav Yehuda’s ruling applies where they withdrew

מֵעִנְיָנָא לְעִנְיָנָא; הָכִי נָמֵי, דְּקָמוּ וַהֲדַר יְתִיבוּ. וְהִלְכְתָא כְּווֹתֵיהּ דְּרַב יוֹסֵף בְּשָׂדֶה, עִנְיָן וּמֶחֱצָה.

from discussing that matter to discuss a different matter, so he can no longer renege on his decision. So too, according to Rabba, one can explain that Rav Yehuda was referring to a case where they arose and then sat down again. Although no support for Rav Yosef’s opinion was adduced from Rav Yehuda’s ruling, the Gemara nevertheless states: And the halakha is in accordance with the opinion of Rav Yosef in the disputes concerning the division of a field, discussed above (12b), reneging while they are discussing the same matter, discussed here, and a half of one’s property, discussed below (143a).

הָאִשָּׁה אֶת בְּנָהּ וְכוּ׳. הָא תּוּ לְמָה לִי? הָא תְּנָא לֵיהּ רֵישָׁא: הָאִישׁ אֶת אִמּוֹ, וְהָאִישׁ אֶת אִשְׁתּוֹ!

§ The mishna teaches that a woman bequeaths to her son, her husband, and her maternal uncles, but she does not inherit from them. The Gemara asks: Why do I need this as well? But it is already taught in the former clause: A man inherits from his mother and a man inherits from his wife. The halakha stated in this clause seems to be the same as that of the other clause.

הָא קָא מַשְׁמַע לַן – דְּאִשָּׁה אֶת בְּנָהּ, דּוּמְיָא דְּאִשָּׁה אֶת בַּעְלָהּ; מָה אִשָּׁה אֶת בַּעְלָהּ – אֵין הַבַּעַל יוֹרֵשׁ אֶת אִשְׁתּוֹ בַּקֶּבֶר, אַף אִשָּׁה אֶת בְּנָהּ – אֵין הַבֵּן יוֹרֵשׁ אֶת אִמּוֹ בַּקֶּבֶר, לְהַנְחִיל לָאַחִין מִן הָאָב.

The Gemara answers: This teaches us that the halakha of a woman who bequeaths to her son is similar to that of a woman who bequeaths to her husband: Just as with regard to a woman who bequeaths to her husband, the husband does not inherit property through his wife while he is in the grave, i.e., if a husband predeceases his wife, then his relatives, such as children from another marriage, do not inherit the wife’s property through him but rather the wife’s own relatives inherit her property, so too, the same halakha applies with regard to a woman who bequeaths to her son, that the son does not inherit property through his mother while he is in the grave in order to bequeath to his paternal brothers. In both cases, the woman’s own relatives inherit her property.

אָמַר רַבִּי יוֹחָנָן מִשּׁוּם רַבִּי יְהוּדָה בֶּן רַבִּי שִׁמְעוֹן: דְּבַר תּוֹרָה – הָאָב יוֹרֵשׁ אֶת בְּנוֹ, וְאִשָּׁה יוֹרֶשֶׁת אֶת בְּנָהּ; שֶׁנֶּאֱמַר: ״מַטּוֹת״ – מַקִּישׁ מַטֵּה הָאֵם לְמַטֵּה הָאָב, מָה מַטֵּה הָאָב – אָב יוֹרֵשׁ אֶת בְּנוֹ, אַף מַטֵּה הָאֵם – אִשָּׁה יוֹרֶשֶׁת אֶת בְּנָהּ.

§ With regard to the halakha that a mother inherits from her son, the Gemara notes that Rabbi Yoḥanan says in the name of Rabbi Yehuda ben Rabbi Shimon: By Torah law a father inherits from his son, and a woman inherits from her son if the father is no longer alive, as it is stated with regard to a woman receiving inheritance: “And every daughter who possesses an inheritance from the tribes of the children of Israel” (Numbers 36:8). Since the plural term “tribes” includes both her father’s tribe and her mother’s tribe, the verse juxtaposes the tribe of the mother to the tribe of the father, in that just as with regard to the father’s tribe a father inherits from his son, so too, with regard to the mother’s tribe, a woman inherits from her son if the father is deceased.

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