Bava Basra - Daf 131
- 1. Rebbe Yochanan ben Berokah allows even a בריא to redistribute his inheritance
Rava asked if Rebbe Yochanan ben Berokah holds a בריא – healthy person can redistribute his inheritance. Was his ruling only regarding a שכיב מרע – gravely ill person, דבר אורותי הוא – who is someone who bequeaths (since he will die shortly, fulfilling the phrase "ביום הנחילו" – on the day that he bequeaths), but not for a בריא, who is not near death, or does it apply even to a בריא? Rav Mesharshiya resolved this question from Rebbe Nassan’s challenge to Rebbe, “You worded your Mishnah according to the opinion of Rebbe Yochanan ben Berokah!” This refers to the Mishnah about "כתובת בנין דכרין", the stipulation in a kesubah that if the wife dies before the husband, her sons from him receive the kesubah payment, as well as properties the husband received from her. The Mishnah’s language is: אינון ירתון כסף כתובתיך – “they will inherit the money of your kesubah,” and a change of inheritance is only possible according to Rebbe Yochanan ben Berokah. Since a kesubah is typically written by a healthy person, this proves even a healthy person can redistribute his inheritance.
- כתובת בנין דכרין operates based on a תנאי בית דין, and not normal requirements
Rebbe responded to Rebbe Nassan’s challenge: יסבון תנן – we read the Mishnah as “they will take,” as a gift, not as an inheritance. Thus, the Mishnah fits with all opinions. Rav Pappa asked Abaye why Rebbe needed to respond this way, since the law of בנין דכרין is difficult for another reason: how can the father convey his assets to future children? Even according to Rebbe Meir, that one can transfer property before it comes into being, that is only לדבר שישנו בעולם – when transferring to [a recipient] who is in the world, but all agree that it is impossible to transfer property to children who were not yet born!? Rather, we must say: תנאי בית דין שאני – an enactment made by Beis Din is different and can be made beyond the normal restrictions. Therefore, perhaps one could redistribute an inheritance for the same reason, even according to the Rabbonon!? Abaye responded that this would not answer Rebbe Nassan’s challenge, because Rebbe’s unnecessarily choosing an expression of "ירתון" – they will inherit still indicates he agrees with Rebbe Yochanan ben Berokah’s principle.
- Writing away all one’s possessions to his wife, etc., is merely an appointment as an אפוטרופוס
Shmuel said: הכותב כל נכסיו לאשתו – if one writes in his will to give all his possessions to his wife, לא עשאה אלא אפוטרופא – he has merely made her an administrator over his estate but does not give her any of it. We assume that one is not likely to leave his children with nothing, and that he would likely appoint his wife an אפוטרופוס, so the children will treat her with respect (knowing she controls the estate). The Gemara discuses numerous other cases. פשיטא בנו הגדול – It is obvious that if he wrote his possessions to his eldest son, that he made him an אפוטרופוס, since the brothers are obligated מדאורייתא to honor their eldest brother. The Gemara asks about a case of a youngest son (whom his siblings are not required to honor) and concludes that Shmuel applied the ruling even to a youngest son lying in a crib. In the case of an outsider, it is obvious it is given as a real gift, since there is no reason the father would want to honor him. The same applies to one who wrote his estate to his ארוסה or divorcee, since he has no reason to honor these women with whom he is not close. The Gemara considers additional cases.
