Bava Basra - Daf 111
- Machlokes if daughters inherit a mother together with sons
A Baraisa presents the source that sons inherit their mother and precede the daughters: וכל בת יורשת נחלה ממטות בני ישראל – and any daughter who inherits an estate from the “tribes” of Bnei Yisroel…, implying she inherits two שבטים. This must be שאביה משבט אחד ואמה משבט אחר – that her father is from one shevet, and her mother from another shevet, and she inherits both when they die. We can derive that a son inherits his mother from a kal vachomer: if a daughter, who is “weaker” regarding her father’s estate (because a son precedes her), yet she inherits her mother, then a son, who is stronger regarding the father’s estate (by inheriting first), certainly inherits the mother! The Baraisa continues that just as a son inherits the father before the daughter, he also inherits the mother before her.
Rebbe Zechariah ben Hakatzav argues: אחד הבן ואחד הבת שוין בנכסי האם – the son and the daughter are equal regarding inheriting the mother’s estate, because דיו לבא מן הדין להיות כנדון – it is enough for the derived law (a son) to be like the source law (a daughter), and not exceed it. The Tanna Kamma holds that a hekesh ("מטות") compares a father’s estate to a mother’s.
- Why a bechor does not receive a double portion in his mother’s estate
Rebbe Yehudah Nesiah once asked Rebbe Yannai that if there is a hekesh between the father’s estate and the mother’s, we should say that just as a bechor receives a double portion of the father’s estate, he should receive a double portion of the mother’s estate as well!? Rebbe Yannai told his attendant: גוד לית דין צבי למילף – “Pull me away from here; this one does not want to learn.” Abaya suggests an answer, because the passuk says: בכל אשר ימצא לו – in all that is found with him, implying he only receives double from what belongs to “him” (the father), and not to “her” (the mother). However, the Gemara asks that perhaps this is limited to a bechor whose mother previously had children, but the firstborn of both the father and the mother would receive a double portion of the mother’s estate!? Ultimately, Rava answers with a different passuk: לו משפט הבכורה – to him is the right of the firstborn, teaching: משפט הבכורה לאיש – the firstborn’s right is for a man’s estate (the father), ולא משפט הבכורה לאשה – but the firstborn’s right is not for a woman’s estate (the mother).
- First source that a husband inherits his wife: לשארו...וירש אותה
A Baraisa teaches the source that a husband inherits his wife, but she does not inherit him: "שארו" זו אשתו – the term “his relative” refers to his wife, מלמד שהבעל יורש את אשתו – teaching that a husband inherits his wife. The wife does not inherit her husband, because the passuk says: וירש אותה – and he shall inherit her, teaching: ואין היא יורשת אותו – but she does not inherit him. The Gemara objects that the passuk’s language, “And you shall give his inheritance 'לשארו' – to his relative,” implies that this relative receives the inheritance, not bequeaths it!? Abaye rearranges the words to be read "שארו וירש אותה" – his relative, he shall inherit her. Rava objects to rearranging words: סכינא חריפא מפסקא קראי – a sharp knife is cutting apart the pesukim! Instead, Rava reinterprets the passuk: ונתתם את נחלת שארו לו – and you shall give the inheritance of his relative to him, because he holds גורעין ומוסיפין ודורשין – we can subtract and add letters within a passuk and darshen it. Thus, he takes the "ו" of נחלתו, and the "ל" of לשארו, and forms the word "לו". A Baraisa teaches that this is Rebbe Akiva’s derashah, and Rebbe Yishmael teaches another.
