Torah Community Connections

Week 109 - Thursday - 27 December 2001

BAVA BATRA: CHAPTER 9: MISHNAH 1

If one died and left sons and daughters, when the assets are great, the sons inherit and the daughters are supported; if the assets are small, the daughters are supported and the sons go begging at the doors. Admon says, Just because I am a son must I lose? Rabban Gamliel said, I see Admon's words.

Kehati

This entire mishnah occurs in Ketubot (13:3), and deals with the claims sons and daughters may have against their father's estate, where the sons' claims are based on Torah law and the daughters' on the provisions of the ketubah.

If one died and left sons and daughters - If the sons come to divide up the estate, while the daughters demand support, when the assets are great - if the father left them considerable assets, the sons inherit and the daughters are supported - as they are entitled to from their father's estate. The Gemara asks what constitutes "great assets," and answers that this is where there are sufficient assets to support both the sons and the daughters until all the daughters become adults. The Gemara explains that this mishnah cannot simply be telling us that where the assets are sufficient sons inherit and daughters are supported, for we know that the sons inherit by Torah law and the daughter's support is a ketubah condition (Ketubot 4:11). Rather, this mishnah teaches that where there are sufficient assets to support both the sons and daughters until the daughters become adults, the sons inherit - all the assets; namely that all the assets are transferred to the sons, and the daughters are supported - by their brothers, until they become adults or are betrothed. The daughters do not have the right to demand an amount sufficient to enable them to be supported until they become adults, but instead all the assets are transferred to the sons, who must then support the daughters: if the assets are small - where there are not enough assets to support both the sons and the daughters until the latter become adults, the daughters are supported and the sons go begging at the doors - an amount sufficient to support the daughters until they become adult is set aside for their support, and the balance is given to the sons for their needs. Once the sons use up this amount, they may need to go from house to house to beg for their needs. If there is only enough to support the daughters, the sons must immediately go begging (see Rambam, Hil. Ishut 19:17).

Admon says, Just because I am a son must I lose? - In general, the son has a greater claim to the father's estate, for he inherits it, while the daughter does not. Why then, does the son come out second-best in this case? Does it mean that just because sons may inherit a large amount, they should have nothing at all when the assets are small? Instead, he proposes that in such a case all children be supported equally. Rabban Gamliel said, I see Admon's words - I agree with Admon. However, the halakhah does not follow Admon.

BAVA BATRA: CHAPTER 9: MISHNAH 2

If one left sons and daughters and one of doubtful sex: when the assets are great, the males push him to the females; if the assets are small, the females push him to the males. If one says: “If my wife gives birth to a male, he shall take a maneh" - if she bore a male, he takes a maneh; "A female two hundred", if she bore a female, she takes two hundred. "If a male a maneh, if a female two hundred" - if she bore a male and a female, the male takes a maneh and the female two hundred. If she bore one of doubtful sex, he does not take. If he said: "Whatsoever my wife bears shall take," this one takes. And if there is no heir but he, he inherits all.

Kehati

If one - the father who died left sons and daughters and one of doubtful sex - and one cannot tell if the child is male or female; when the assets are great, the males push him to the females - he does not receive a share in the estate, but is supported as the daughters, for the sons can say to him, "If you want a portion in the estate, prove you are a male." If the assets are small - when the assets are only sufficient to support the daughters, and we learnt in the previous mishnah, that they are supported while the sons must go begging, the females push him to the males - they send him begging with the sons, for they can say to him, "If you wish to be supported by the estate as a daughter, bring proof that you are female."

If one says: "If my wife gives birth to a male, he shall take a maneh" - If a person on his deathbed whose wife is pregnant states: If my wife gives birth to a male, he is to receive one hundred zuz as a gift, if she bore a male, he takes a maneh - Even though the halakhah is that a fetus cannot acquire, in the case of a person on his deathbed the fetus can acquire, for a person feels close to his son and really wants his child to acquire. So, our Sages decreed that his oral dispositions are legally binding, so that he should not become agitated (see Tosefot Yom Tov and Tiferet Yisrael, that some explain the mishnah as referring to a well person);

"A female two hundred" - If a person says: If my wife bear a female, my daughter is to receive two hundred zuz; if she bore a female, she takes two hundred - The Gemara explains that the reason the mishnah specifies two hundred zuz for a female and only one hundred for a male because a daughter cannot go begging from door to door, and, therefore the father allocates more to a daughter. "If a male a maneh, if a female two hundred" - If he says: If she bear a male he shall take a hundred zuz, if she bear a female she shall take two hundred; if she bore a male and a female – if the woman had twins, the male takes a maneh and the female two hundred - even though he only pledged an amount for a single child (Rosh; Tiferet Yisrael).

If she bore one of doubtful sex, he does not take - The Gemara explains that this mishnah is in accordance with Rabban Shimon b. Gamliel, who holds that one of doubtful sex is neither male nor female but a separate gender, and therefore takes nothing. The halakhah, though, does not follow him, but the Sages, who hold that such a person is possibly male or possibly female. Therefore such a person takes the lesser amount in each case, which in this case will be a hundred zuz.

If he said: Whatsoever my wife bears shall take - regardless of sex, my child will receive a specific amount, and if then the woman had a child of doubtful sex, this one takes - and we do not say that such a child was not included in his pledge. And if there is no heir but he - the one of doubtful sex, he inherits all - for one of doubtful sex is also considered one's child, and is eligible for an inheritance.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives