Baba Basra 9:1-2

Baba Basra 9:1

Let’s say that a person died, leaving both sons and daughters. If the estate is large, the sons inherit shares and the daughters receive maintenance. If the estate is small, the daughters receive maintenance and the sons can go begging door to door. Admon questioned the idea that sons should be cut out altogether (as opposed to dividing the estate with their sisters) and Rabban Gamliel agreed that Admon had a point.

Baba Basra 9:2

Let’s say that a person died, leaving sons, daughters and one child of indeterminate gender. If the estate is large, the sons can force him to receive what the daughters receive (by requiring him to prove that he’s a male); if the estate is small, the daughters can cut her out like the sons (by requiring her to prove that she’s female). Let’s say that a man says: “If my wife gives birth to a male, he will receive 100 zuz" (as a gift, upon the father’s death). If she has a boy, he receives 100 zuz. If the father says “A female will receive 200 zuz,” if his wife has a girl, she receives 200 zuz. Let’s say the father says, “If a male, he will receive 100 zuz; if a female, she will receive 200 zuz.” If his wife has twins, one of each, the boy will receive 100 zuz and the girl will receive 200 zuz. If his wife gave birth to a child of indeterminate gender, he doesn’t receive anything. If the father says, “Whatever my wife gives birth to will receive,” a child of indeterminate gender receives. If there is no heir except for a child of indeterminate gender, he inherits everything.