Baba Basra 9:9-10

Baba Basra 9:9

Let’s say that a house fell on a man and his wife. The husband’s heirs say that the wife died first and then the husband (so they should inherit) and the wife’s heirs say the husband died first and then the wife (so they should inherit). Beis Shammai say that they should share the estate but Beis Hillel say that the property remains in the possession of its presumptive owners. Therefore, the value of the wife’s kesubah remains in the possession of the husband’s heirs while the assets that enter and leave a marriage with a wife remain in the possession of her father’s heirs.

Baba Basra 9:10

If a house fell on a man and his mother, Beis Hillel and Beis Shammai agree that their heirs share the inheritance. Rabbi Akiva said that in this case also the property should remain in the possession of its presumptive owners. Ben Azzai expressed disappointment that in a case where Beis Hillel and Beis Shammai agree, Rabbi Akiva has to disagree.