Bava Basra 139b

בבא בתרא קל״ט ע״ב

Bava Batra 139b

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Topic

A husband's double status as יורש and לוקח, and then the new chapter's rule on dividing a large or small estate between sons and daughters.

Overview

The amud opens by finishing a discussion about whether a husband who inherits his wife counts as a יורש (heir) or a לוקח (buyer). A source about יובל suggests he is an heir. רבא objects with a תקנה from אושא that lets the husband take back his wife's sold נכסי מלוג from the buyers, which treats him like a buyer. רב אשי answers that the רבנן gave him both statuses and apply whichever one prevents a loss. The buyers' loss in the אושא case does not count, because they knowingly bought from a married woman. The chapter יש נוחלין then ends, and a new משנה rules that in a large estate the sons inherit and the daughters are supported, while in a small estate the daughters are supported and the sons go begging. אדמון protests, and רבן גמליאל agrees with him. The גמרא defines a 'large' estate: רב says enough for twelve months, but שמואל and רבי יוחנן say enough to support everyone until the daughters become בוגרות. The amud ends as the גמרא starts asking about an estate that falls short of that measure. The question continues on the next amud.

Opening lines

The steps (13)

1. ProofProof from יובל: a husband who inherits his wife keeps the land
2. Challengeרבא objects: the אושא ruling treats the husband as a buyer
3. Resolutionרב אשי: the husband gets whichever status is better for him
4. ChallengeChallenge: in the אושא case the buyers lose out
5. ResolutionThe buyers brought the loss on themselves
6. ConclusionHadran — Closing פרק יש נוחלין
7. StatementLarge estate versus small estate: sons and daughters
8. Statementאדמון protests, and רבן גמליאל agrees
9. QuestionHow big is a 'large' estate?
10. Responseרב: enough to feed everyone for twelve months
11. Statementשמואל: that is a minority view; the חכמים say until the daughters grow up
12. Proofרבי יוחנן agrees with שמואל's measure
13. QuestionWhat if the estate cannot last until the daughters are adults