Bava Basra 139a
בבא בתרא קל״ט ע״א
Bava Batra 139a
Learn Bava Basra 139a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Dividing an estate between adult and minor heirs, and whether a husband counts as a buyer or an heir of his wife's property
Overview
The amud opens by finishing a discussion about produce still attached to the ground (מחוברין). עולא explains that a father wants his son to get it together with the land, but an outside buyer must pay for it. A new משנה then teaches that adult and minor heirs, whether sons or daughters, do not support themselves from each other's share; they divide equally. Wedding costs paid by the father during his lifetime stay with whoever received them. Daughters are fed from an estate that sons inherit, but not from one that other daughters inherit. In the גמרא, רבא rules that the eldest brother may keep clothing he took from the shared estate, and the משנה's ban is limited to an idle brother (שרכא). רב יהודה explains that minors may match only weddings paid from the estate after the father's death. Finally, אבוה בר גניבא asks whether a husband is a לוקח or a יורש of his wife's property. Several proofs are brought and pushed back, and אביי begins quoting a משנה about יובל that continues on the next amud.
Opening lines
וְהָא תַּנְיָא:
But isn't it taught in a ברייתא:
שָׁמִין אֶת הַמְחוּבָּרִין לַלּוֹקֵחַ!
The court appraises the attached produce for the buyer!
אָמַר עוּלָּא: לָא קַשְׁיָא;
עולא said: It is not difficult;
כָּאן בִּבְנוֹ, כָּאן בְּאַחֵר;
here it is about his son, there it is about another person;
The steps (24)
- ChallengeA ברייתא says attached produce is appraised for the buyer
- Resolutionעולא: a son gets it, another person does not
- StatementAdult and minor sons split the estate equally
- StatementWeddings: what the father gave stays given
- StatementAdult and minor daughters divide the estate equally
- StatementMinor daughters marry too, but cannot demand the adults' wedding standard
- StatementDaughters are supported by sons, but not by other daughters
- StatementThe eldest brother who dressed from the shared estate keeps what he took
- ChallengeThe משנה seems to contradict רבא
- ResolutionThe משנה speaks of an idle brother
- ChallengeIsn't the idle-brother case obvious?
- ResolutionWe might have thought the brothers want him dressed well
- QuestionWhat does 'the adults married, the minors marry' mean?
- Responseרב יהודה: only weddings after the father's death
- QuestionIs the husband a buyer or an heir of his wife's property?
- QuestionWhy it matters: collecting an oral loan
- Proofרבא's proof from the משנה about the daughters
- RejectionThe proof is rejected: the minors take from the estate
- ChallengeA ברייתא says the minors collect from the husband
- RejectionWedding funding may be different because it is public
- Proofרב פפא brings רבין's letter about a widow's support
- ProofWhy the widow's support shows the husband is an heir
- Challengeאביי asks why Ravin's letter was needed
- Proofאביי begins quoting the משנה about יובל