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Bava Basra 131b

בבא בתרא קל״א ע״ב

Bava Batra 131b

Learn Bava Basra 131b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 131b in Gemara Clarity

Topic

Whether the two כתובה clauses came from one בית דין, and when writing all one's property to someone makes them an owner or only an אפוטרופוס

Overview

The amud has two topics. First, the גמרא asks how we know that two clauses of the כתובה, the sons' clause and the daughters' clause, were made by one בית דין. It tries to prove this from רבי אלעזר בן עזריה, who learns the daughters' rule from the sons' rule, since one תקנה can only be learned from another if one court made both. The גמרא rejects the proof: a later court could have matched an earlier court's wording on purpose. Then a new topic begins with שמואל's rule: a man who writes all his property to his wife has only made her an אפוטרופוס (manager), not the owner. The same holds for an adult son, and even for a baby son in his crib. If an outsider is named along with the son or wife, the outsider gets a real gift. A betrothed or divorced wife also gets a real gift. Finally the גמרא asks about a daughter alongside sons, and a wife alongside brothers or alongside the husband's sons. רבינא and רב עוירא give two different reports of רבא's answer.

Opening lines

מִמַּאי דִּבְחַד בֵּי דִינָא אִיתְּקוּן?

From where do you know that they were instituted by one court?

דִּלְמָא בִּתְרֵי בֵּי דִינָא אִיתְּקוּן!

Perhaps they were instituted by two courts!

לָא סָלְקָא דַּעְתָּךְ,

This should not enter your mind,

דְּקָתָנֵי רֵישָׁא:

because the earlier clause teaches:

The steps (12)

  1. ChallengeHow do we know both clauses came from one court?
  2. ResolutionProof from רבי אלעזר בן עזריה's teaching in יבנה
  3. ProofLearning one rule from another needs one court
  4. RejectionA second court could have copied the first
  5. StatementWriting all property to one's wife makes her only a manager
  6. QuestionAn adult son is obviously a manager, but what about a young son?
  7. ResponseEven a baby in his crib is only a manager
  8. StatementFamily member plus an outsider: the outsider gets a gift, the family member manages
  9. StatementA betrothed or divorced wife gets a real gift
  10. QuestionQuestion about a daughter or wife when other heirs are present
  11. Responseרבינא's version: no ownership in any of these cases
  12. Responseרב עוירא's version: ownership except for a wife facing brothers or the husband's sons