Bava Basra 125b

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Bava Batra 125b

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Topic

A man left his property to his grandmother and then 'to my heirs.' Does his late daughter's husband inherit, and what is the rule of ראוי versus מוחזק for a husband and a בכור?

Overview

A man wrote: 'My property goes to my grandmother, and after her to my heirs.' His married daughter died before the grandmother. When the grandmother died, the daughter's husband claimed the property as his wife's heir. רב הונא says 'my heirs' includes the heirs of my heirs, so the husband wins. רב ענן says it does not, so the husband loses. A ruling from ארץ ישראל follows רב ענן's result but gives a different reason. The property was only ראוי (due to come) to the wife, and a husband does not inherit ראוי the way he inherits מוחזק (what she actually held). רבי אלעזר defends רב הונא: saying 'after you' is like saying 'from now,' so the wife already owned it. רבה backs the ארץ ישראל view, because the grandmother could have sold the property. רב פפא rules that a husband and a בכור take only from מוחזק, and a בכור gets no double share of a loan.

Opening lines

The steps (11)

1. StatementThe case: property to the grandmother, then to 'my heirs'
2. Statementרב הונא: 'my heirs' includes the heirs of my heirs
3. Statementרב ענן: 'my heirs' means only my own heirs
4. ConclusionRuling from ארץ ישראל: follow רב ענן, but not his reason
5. ConclusionWhich part of רב ענן is accepted: the husband does not inherit
6. RejectionWhy רב ענן's reason is rejected: a grandson would inherit
7. ConclusionThe real reason: a husband does not inherit ראוי
8. ChallengeDoes רב הונא hold that a husband inherits ראוי?
9. Resolutionרבי אלעזר explains רב הונא: 'after you' means 'from now'
10. Proofרבה supports the view from ארץ ישראל
11. Conclusionרב פפא's final ruling on 'due' property and loans