Bava Basra 142b

בבא בתרא קמ״ב ע״ב

Bava Batra 142b

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Topic

An unborn baby's rights in inheritance, the בכור's double share, and gifts, plus a case of property left to future sons

Overview

This amud finishes explaining why a one-day-old baby counts for inheritance but an עובר (unborn baby) does not. First, we assume an unborn baby dies before its mother, so it cannot inherit from her and pass it on to its father's side. Any movement afterward is just a reflex, like a lizard's cut-off tail. Then מר בריה דרב יוסף, quoting רבא, says a one-day-old baby reduces the בכור's double share but an unborn baby does not, because the פסוק says 'and they bore him'. In another version, taught in פומבדיתא, a בכור born after his father died gets no פי שנים, and the הלכה follows all the versions. Next, רבי יוחנן rules that a gift to a fetus does not take effect, except a father giving to his own son, while שמואל publicly disagrees. The הלכה follows רבי יוחנן. Finally, a man leaves his property to his future sons and tells his older son to take a share like one of them, and two groups of אמוראים argue whether the older son gets that share. רבי אבהו and רבי ירמיה debate whose view is the הלכה, and the discussion continues on the next amud.

Opening lines

The steps (22)

1. StatementThe unborn baby is assumed to die before its mother
2. ChallengeA real case where the baby moved after the mother died
3. ResolutionThe movements were like a lizard's cut-off tail
4. StatementA different explanation: reducing the firstborn's share
5. ProofSupport from a son born after his father's death
6. StatementThe פומבדיתא version: a posthumous firstborn gets no double portion
7. ConclusionThe הלכה follows every version
8. StatementA gift given to a fetus does not take effect
9. ChallengeBut our משנה seems to say otherwise
10. ResolutionA father is especially close to his own son
11. Statementשמואל publicly declares that a fetus does acquire
12. ConclusionThe הלכה: a fetus does not acquire
13. StatementA man leaves his property to future sons, and his older son asks for a share
14. ConclusionThe unborn sons certainly did not acquire
15. QuestionDoes the older son get his promised share?
16. ResponseFirst group says he does get a share
17. ResponseSecond group says he does not get a share
18. QuestionWhose view is the הלכה?
19. Responseרבי ירמיה: we are older, so we win
20. Rejectionרבי אבהו: it depends on the reason, not age
21. QuestionWhat is your reason?
22. ResponseGo ask רבי אבין