Bava Basra 158a
בבא בתרא קנ״ח ע״א
Bava Batra 158a
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Topic
When a husband and wife die together in a collapsed house and no one knows who died first, who inherits her property and her כתובה?
Overview
This amud is a new משנה. A house falls on a husband and wife, and nobody knows which of them died first. The order matters. If the wife died first, her husband inherited her before he died, so his heirs take everything. If the husband died first, her own family gets her property and her כתובה. בית שמאי say that since the facts can't be known, the two sides split the disputed property. בית הלל disagree and leave each kind of property with whoever already held it. The property she brought in under guarantee stays in its prior status. The כתובה stays with the husband's heirs. The property that comes into and goes out of the marriage with her stays with her father's heirs.
Opening lines
מַתְנִי׳
MISHNA:
נָפַל הַבַּיִת עָלָיו וְעַל אִשְׁתּוֹ,
If the house fell on him and on his wife,
יוֹרְשֵׁי הַבַּעַל אוֹמְרִים:
the husband's heirs say:
אִשָּׁה מֵתָה רִאשׁוֹן,
the wife died first,
The steps (3)
- StatementThe case: a house falls on husband and wife
- Statementבית שמאי: the two sides split it
- Statementבית הלל: each kind of property stays where it was