Bava Basra 113b

בבא בתרא קי״ג ע״ב

Bava Batra 113b

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Topic

A son comes before a daughter in inheritance, even from relatives, and judging inheritance cases is a court matter done only by day

Overview

The גמרא asks what new law comes from the statement that daughters inherit from their mother's brother. רב ששת answers that it teaches the order: sons come before daughters. A ברייתא uses the word ״וְיָרַשׁ״ to compare inheriting from relatives to inheriting from a parent, so in both cases a son comes first. Then רבה בר חנינא teaches from ״בְּיוֹם הַנְחִילוֹ״ that inheritances are divided by day and not at night. אביי objects that someone who dies at night obviously still leaves an inheritance. So he suggests the rule is about a בית דין judging inheritance cases, since the whole section is called ״חֻקַּת מִשְׁפָּט״. He supports this with רב יהודה: three people visiting a חולה may write his instructions or act as a court, but two may only write. רב חסדא adds that acting as a court works only by day, and his statement continues on the next amud.

Opening lines

The steps (9)

1. QuestionWhat does the earlier statement come to teach?
2. ResponseSons come first
3. StatementA son comes before a daughter even when inheriting from relatives
4. StatementInheritances are divided only by day
5. Challengeאביי objects: people who die at night still leave an inheritance
6. Resolutionאביי's better reading: deciding inheritance cases in court
7. ProofProof: the whole inheritance section is a matter of judgment
8. ProofThree visitors to a sick person can act as a court
9. StatementThis was taught only by day