Bava Basra 113a
בבא בתרא קי״ג ע״א
Bava Batra 113a
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Topic
Which verse forbids an inheritance passing between tribes through the husband, the rule that a husband does not inherit ראוי, and the משנה's 'sons of sisters'
Overview
The גמרא brings a second ברייתא about the two verses in במדבר 36 that forbid a נחלה from passing from one tribe to another. It says verse 7 is about the inheritance passing through the בן, and verse 9 is about passing through the בעל. Everyone agrees verse 9 is about the בעל, so the גמרא looks for the hint in its wording. The words "איש" and "ידבקו" are rejected because they appear in both verses. רבא points to "ידבקו מטות", and רב אשי points to "אחר", since a son is not 'another' to his mother. Next, a chain of אמוראים teaches that a husband inherits what his wife already held (מוחזק) but not what was only due to her (ראוי). The proofs are יאיר and פנחס, sons who owned land their fathers never had, and the גמרא explains why the second proof is needed. Finally the גמרא turns to the משנה's phrase 'sons of sisters', and a ברייתא says it means sons and not daughters.
Opening lines
תַּנְיָא אִידַּךְ:
It is taught in another ברייתא:
״וְלֹא תִסֹּב נַחֲלָה
"So shall no inheritance transfer
מִמַּטֶּה לְמַטֶּה אַחֵר״ –
from one tribe to another tribe"
בְּסִיבַּת הַבַּעַל הַכָּתוּב מְדַבֵּר.
the verse speaks of transfer by means of the husband.
The steps (17)
- StatementAnother teaching: the verse is about the husband
- QuestionMaybe the verse is about the son?
- ResponseThe son is already covered by the other verse
- QuestionEveryone agrees, but where is the hint?
- ResponseThe word "man" means husband
- ChallengeBoth verses say "man"
- ResolutionThe word "shall cleave" hints at marriage
- ChallengeBoth verses say "shall cleave"
- Resolutionרבא: 'The tribes shall cleave' points to marriage
- Resolutionרב אשי: A son is not 'another'
- StatementA husband does not inherit property that was only 'due' to his wife
- ProofHow יאיר got cities his father never had
- ProofA second proof: פנחס had a hill his father never had
- QuestionWhy is a second proof needed?
- ResponseThe יאיר proof could mean יאיר inherited his own wife
- ResolutionThe word 'his son' blocks the idea that פנחס got a priest's field
- StatementThe ברייתא limits the משנה's phrase to sons of sisters