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Bava Basra 143b

בבא בתרא קמ״ג ע״ב

Bava Batra 143b

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Topic

Unclear divisions and gifts: half and half like רב יוסף, the silk, 'my sons,' and heirs who improve an undivided estate (בבא בתרא 143b)

Overview

The גמרא finishes a challenge to רב יוסף, who holds that splitting something into two unspecified parts means half and half. It answers that the case of the מנחה brought in two vessels is special, because the person clearly wanted one big offering, and it rules like רב יוסף in three matters. Next come cases where a giver's words or intent are unclear. A man sends silk home, and the gift goes to sons, daughters, or a daughter-in-law depending on who it suits and who he most likely meant. A man who leaves 'my property to my sons' with one son and one daughter raises the question whether 'sons' can mean one son, and פסוקים are brought to show that it can. With a son and a grandson, רב חביבא and מר בר רב אשי argue whether a grandson counts as a 'son,' and a ברייתא about vows supports מר בר רב אשי. A new משנה then teaches that when older brothers or a widow improve an undivided estate, everyone shares the gain unless they first declared they were working for themselves. רבא limits this to growth that came from the estate itself, and the גמרא begins challenging him from רבי חנינא, a challenge that continues on the next amud.

Opening lines

וְאִם הֵבִיא חֲמִשִּׁים בִּכְלִי אֶחָד

And if he brought fifty [tenths] in one vessel

וַחֲמִשִּׁים בִּכְלִי אֶחָד – יָצָא.

and fifty in one vessel, he has fulfilled his obligation.

אִם הֵבִיא אִין –

"If he brought" means yes, it works,

לְכַתְּחִלָּה לָא;

but from the outset, no.

The steps (17)

  1. ChallengeThe end of the ברייתא: fifty and fifty only works after the fact
  2. RejectionThe מנחה case is different: he wanted one big offering
  3. ConclusionThe הלכה follows רב יוסף in three matters
  4. StatementSilk sent home: each piece goes to whoever it suits
  5. StatementIf he has a daughter-in-law, the silk is for her
  6. StatementUnmarried daughters come before the daughter-in-law
  7. QuestionDoes 'my sons' mean one son, or does it include the daughter?
  8. Proofאביי's proof: the sons of דן were only חושים
  9. Rejectionרבא rejects the proof: חושים may describe many sons
  10. Proofרבא's own proof: the sons of פלוא were אליאב
  11. Proofרב יוסף's proof: the sons of איתן were עזריה
  12. QuestionIs a grandson called a 'son'?
  13. StatementTwo opinions about whether a grandson is a 'son'
  14. ProofA ברייתא supports מר בר רב אשי
  15. StatementNew משנה: heirs or a widow who improve the estate
  16. Statementרבא limits the shared-gain rule to growth that came from the estate itself
  17. ChallengeA challenge to רבא from a statement of רבי חנינא