Bava Basra 159b

בבא בתרא קנ״ט ע״ב

Bava Batra 159b

Learn Bava Basra 159b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Inheriting through a grandfather, whether a dead son inherits his mother 'in the grave,' and who must bring proof in two property disputes.

Overview

The גמרא first asks whether 'תחת אבתיך יהיו בניך' gives a grandson a real legal claim to inherit his grandfather directly. It tries to prove this from the משנה of a house that fell on a son and his father, but pushes the proof away by reading 'the father's heirs' as the son's brothers. Next, the חכמים ask רב ששת whether a son who died before his mother inherits from her 'in the grave' and passes it to his brothers from his father. רב ששת proves he does not, from a ברייתא about a captive grandfather and his daughter's son. רב אחא בר מניומי brings the same proof from the משנה of a house that fell on a son and his mother. אביי gives the source: the word 'סיבה' links a son to a husband, and a husband does not inherit his wife in the grave. The amud then tells of a sale of 'בר סיסין's property', where רב נחמן and רבא seem to contradict their own rulings in a case about חזקה on a house. The גמרא shows each one is consistent, and the פרק מי שמת ends.

Opening lines

The steps (24)

1. ChallengeIs the verse really meaningless for actual law?
2. ProofThe case of the house that collapsed on son and father
3. ChallengeIf the heirs are the son's sons, the argument only works if grandsons inherit directly
4. RejectionNo, the father's heirs are the son's brothers
5. QuestionCan a dead son inherit from his mother and pass it to his paternal brothers?
6. Proofרב ששת quotes a ברייתא about captives
7. ChallengeThe ברייתא cannot mean a plain father and son
8. ResolutionThe ברייתא means a grandfather and his daughter's son
9. ProofIf the son inherited in the grave, his side would always win
10. ProofA second proof from the house that fell on a son and his mother
11. ConclusionThe גמרא accepts the proof
12. QuestionWhat is the source for this rule?
13. Responseאביי compares a son to a husband through the word 'סיבה'
14. StatementThe sale of 'the property of בר סיסין'
15. Statementרב נחמן gives the field to the buyer
16. Challengeרבא objects: the one taking must bring proof
17. ChallengeEach אמורא seems to contradict himself
18. StatementThe other case: a man in a house claims he bought it
19. Statementרב נחמן tells the occupant to prove his years
20. Challengeרבא objects that the claimant must bring proof
21. ChallengeBoth רבא and רב נחמן seem to contradict themselves
22. Resolutionרבא always follows whoever is in possession
23. Resolutionרב נחמן: the sale wording versus an unconfirmed document
24. ConclusionHadran — Closing the chapter מי שמת