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Bava Basra 133b

בבא בתרא קל״ג ע״ב

Bava Batra 133b

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Topic

A gift to an heir 'and after you, to so-and-so'; the משנה and גמרא on giving one's property away from one's sons

Overview

The amud opens by finishing a court case. A man gave his property to someone who was also his heir, 'and after you, to so-and-so.' רב עיליש wanted to give the second person a share, but רבא rejected this as mere compromise, pointing to the ruling of רב אחא בר רב עויא, and a פסוק was read to comfort the embarrassed רב עיליש. Then a new משנה teaches that giving all one's property to others and leaving out one's sons is valid, but the חכמים are not pleased. רבן שמעון בן גמליאל says that if the sons behave badly, the father is remembered for good. The גמרא asks whether the חכמים disagree with him. It first tries to answer from the story of יוסף בן יועזר and the pearl, but the two versions of the treasurers' record contradict each other, so nothing is proven. שמואל's teaching then gives the answer: never take part in moving an inheritance, even from a bad son to a good son. Finally, a ברייתא tells how יונתן בן עוזיאל received a man's property, gave a third back to the sons, and defended himself when שמאי came to protest. His defense continues on the next amud.

Opening lines

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ:

There was a certain man who said to his fellow:

״נְכָסַי לְךָ, וְאַחֲרֶיךָ לִפְלוֹנִי״,

"My property is yours, and after you, to so-and-so,"

וְרִאשׁוֹן רָאוּי לְיוֹרְשׁוֹ הֲוָה.

and the first one was fit to inherit from him.

שָׁכֵיב רִאשׁוֹן,

The first one died,

The steps (20)

  1. StatementA real case: property given to an heir, and after him to someone else
  2. Statementרב עיליש thinks the second person also takes a share
  3. Rejectionרבא rejects the split ruling and points to רב אחא בר רב עויא
  4. Conclusionרב עיליש is embarrassed and a פסוק is read about him
  5. StatementNew משנה: giving all your property to others and leaving your sons out
  6. Statementרבן שמעון בן גמליאל: if the sons behaved badly, the father is praised
  7. QuestionDo the רבנן disagree with רבן שמעון בן גמליאל?
  8. Proofיוסף בן יועזר dedicates his money, and his son finds a pearl
  9. ProofThe wife advises bringing the pearl to the Temple treasurers
  10. ProofThe pearl is valued at thirteen, and the son dedicates six
  11. ProofWhat the treasurers wrote: two versions
  12. ProofInference: 'brought in' shows he acted well
  13. RejectionOn the contrary: 'took out' shows he did not act well
  14. ConclusionNo proof can be learned from this story
  15. QuestionSo what is the final ruling?
  16. Responseשמואל: never take part in moving an inheritance
  17. StatementA man gives his property to יונתן בן עוזיאל
  18. Statementיונתן בן עוזיאל splits the property into three
  19. Challengeשמאי comes to protest
  20. ResolutionReturning to the sons is as final as selling or dedicating