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Bava Basra 108b

בבא בתרא ק״ח ע״ב

Bava Batra 108b

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Topic

The order of ירושה among son, father and brothers, and the דרשה of 'שארו' and 'הקרוב'

Overview

The גמרא finishes asking why our משנה opens with a father inheriting his son, when the פסוק itself first mentions a son inheriting. It answers that the תנא loved the father's ירושה because it is learned only through a דרשה. The גמרא then quotes that ברייתא. 'שארו' teaches that the father comes before the dead man's brothers, and 'הקרוב' teaches that whoever is closer comes first, so the son comes before the father. The ברייתא asks why the son, and not the brother, is the closer one. The son stands in his father's place for יעוד and for a שדה אחוזה. When the ברייתא counters that the brother stands in his brother's place for יבום, it answers that יבום only happens when there is no son. The amud ends with the גמרא asking why that argument was needed at all, since the son's priority could be learned from another source. That question continues on the next amud.

Opening lines

וְעוֹד, כְּדִכְתִיב:

And furthermore, as it is written:

״אִישׁ כִּי יָמוּת וּבֵן אֵין לוֹ״ –

"If a man dies and has no son"

וְתַנָּא, אַיְּידֵי דְּאָתְיָא לֵיהּ

And the tanna: since it comes to him

מִדְּרָשָׁא – חֲבִיבָא לֵיהּ!

from a derivation, it is dear to him!

The steps (9)

  1. ChallengeThe verse itself puts the son first
  2. ResolutionThe תנא loved the law that comes from a דרשה
  3. QuestionAsking which derivation this is
  4. ResponseHis kinsman is the father, and closer comes first
  5. QuestionWhy count the son as closer, and not the brother?
  6. ResponseThe son stands in his father's place
  7. ChallengeMaybe the brother should be the closer relative
  8. Resolutionיבום only happens when there is no son
  9. ChallengeWhy was this argument even needed?