Bava Basra 110b
בבא בתרא ק״י ע״ב
Bava Batra 110b
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Topic
Sources for inheritance rules: why a son comes before a daughter, why brothers inherit only through the father's side, and the start of the source for a son inheriting his mother.
Overview
This amud looks for the source that a son comes before a daughter in inheritance. אביי says it comes from the words 'וּבֵן אֵין לוֹ' (and he has no son). He knocks down רב פפא's idea that a son and daughter would split the estate equally, since then the פסוק would be teaching something obvious. Two other sources are tried and rejected: רב אחא בר יעקב's proof from the words of בנות צלפחד, and רבינא's proof from 'הַקָּרֹב אֵלָיו'. Each time the גמרא goes back to the first source. Another source is offered from 'לִבְנֵיכֶם', and it survives a challenge because a בְּרָכָה is read differently from a law. The גמרא then asks how we know that brothers from the same father inherit from each other. It concludes that the word משפחה already teaches that inheritance goes through the father's side, and רבה's comparison to the sons of יעקב is really about יבום. Finally, the גמרא asks for the source that a man inherits his mother and begins a ברייתא that continues on the next amud.
Opening lines
מַאן כּוּ׳ לֵירוֹת?
Who, etc., should inherit?
אַטּוּ בַּר קַשָּׁא דְּמָתָא לֵירוֹת?!
Is that to say the ruler of the city should inherit?!
הָכִי קָא אָמֵינָא:
This is what I meant to say:
אִיכָּא בֵּן וּבַת –
If there is a son and a daughter,
The steps (21)
- ChallengeIf neither child wins, who inherits?
- ResolutionSon and daughter split equally
- ChallengeWhy would the Torah teach the obvious?
- ResolutionMaybe the פסוק teaches that daughters can inherit
- RejectionThat point comes from a different פסוק
- StatementAnother source from the daughters' own words
- ChallengeMaybe the daughters spoke before the new law
- ConclusionBack to the first source
- Statementרבינא: the closer relative inherits first
- QuestionHow is a son closer than a daughter?
- ResponseSuggested answer: a son takes his father's place
- RejectionNeither example proves a son is closer
- ConclusionBack to the first source
- StatementAnother source: 'your sons', not your daughters
- ChallengeDoes the blessing of long life leave out daughters?
- ResolutionA blessing is different
- QuestionWhat is the source that paternal brothers inherit from each other?
- Responseרבה learns it from the brothers of יעקב's sons
- ChallengeWhy is רבה's comparison needed if משפחה already teaches it?
- Resolutionרבה's teaching was really about יבום
- QuestionWhat is the source that a man inherits his mother?