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Bava Basra 133a

בבא בתרא קל״ג ע״א

Bava Batra 133a

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Topic

A wife's כתובה after her husband divides his property; רב הונא's rule that a שכיב מרע's transfer to a fit heir counts as ירושה, and why that matters

Overview

First, רב כהנא argues that a wife can collect her כתובה from a deceased daughter's share, since she could collect from any property her husband acquired later. Next, a man split his property between his wife and son but left out one palm tree. רבינא first thinks the wife can collect her כתובה only from that tree. רב יימר replies that if she can collect from the tree at all, she can collect from everything. Then רב הונא rules that when a שכיב מרע writes all his property to someone, a possible heir takes it as ירושה and anyone else takes it as מתנה. רב נחמן objects that this is just רבי יוחנן בן ברוקה's view, and the two agree that רב הונא meant a dying man who only answered 'To whom else?'. The גמרא asks what difference the label makes, and רבא rejects רב אדא בר אהבה's suggestion about the widow's food support. רבא's answer is that if a fit heir is told 'to you, and after you to so-and-so,' the second person gets nothing, because a ירושה can never be cut off.

Opening lines

אֲמַר לֵיהּ רַב כָּהֲנָא:

Rav Kahana said to him:

אִילּוּ הָדַר קָנֵי,

If he had then acquired [other property],

מִי לָא שָׁקְלָא?

would she not take it?

וְכֵיוָן דְּאִילּוּ הָדַר קָנֵי –

And since if he had then acquired,

The steps (13)

  1. Challengeרב כהנא: She collects from the daughter's share too
  2. StatementA man leaves out one palm tree; רבינא's first thought
  3. Challengeרב יימר: Then she shouldn't even get the palm tree
  4. ConclusionSince she collects from the tree, she collects from everything
  5. Statementרב הונא: Deathbed gift of everything to one person
  6. Challengeרב נחמן: Say openly that you follow רבי יוחנן בן ברוקה
  7. Resolutionרב נחמן suggests what case רב הונא meant, and רב הונא agrees
  8. QuestionWhat practical difference does it make?
  9. Responseרב אדא בר אהבה suggests: the widow's food support
  10. Challengeרבא rejects this: a gift cannot weaken the widow's right
  11. Responseרבא's answer: an inheritance cannot be passed on to a second person
  12. ChallengeBut the giver himself cut the inheritance off
  13. ResolutionA ירושה cannot be stopped, whatever the giver thought