Rabbinic JudaismJerusalem Talmud Bava Batra 8.5HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Bava Batra 8.5

The Jerusalem Talmud

Jerusalem Talmud Bava Batra 8.5

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English · Heinrich W. Guggenheimer

MISHNAH: One who says, Mr. X shall inherit from me while he has a daughter, or, my daughter shall inherit from me while he has a son, did not say anything since he stipulated against what is written in the Torah. Rebbi Joḥanan ben Beroqah said, if he said that about anybody who can be his heir, his words stand; about anybody who cannot be his heir, his words do not stand.

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English · Heinrich W. Guggenheimer

HALAKHAH: “One who says, Mr. X shall inherit from me,” etc. Rebbi Joḥanan said, Rebbi Joḥanan ben Beroqa said only this about a son among sons or a daughter among daughters, but not a daughter among brothers or a brother among daughters. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa. Rebbi asked Rebbi Nathan; bar Abba said, so was the question: What is Rebbi Joḥanan ben Beroqa’s reason? Rebbi Ze‘ira said, so was the question: What did they see to say that practice follows Rebbi Joḥanan ben Beroqa? He told him, did you not teach us so: “they shall inherit”? So is the Mishnah: “they shall take.” [Rebbi] La said, even following him who said “inherit”, is not the power of the court strengthened? As you say, nobody can transfer property using the language of gift; here he may do it. Similarly, nobody can transfer property using the language of inheritance; here he may do it.

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English · Heinrich W. Guggenheimer

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

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English · Heinrich W. Guggenheimer

“And he shall inherit from her.” I could think that just as he inherits from her, she should inherit from him. The verse says, “from her.” He inherits from her, she does not inherit from him. Rebbi Joḥanan said, the words of the Sages are that her father inherits from her, her brothers inherit from her. Rebbi Abba bar Mamal objected: If you say that the inheritance status of a woman is not from the Torah, should he not inherit from his preliminarily wedded wife? As you say there, “the one close to him,” not the preliminarily wedded one, so also here, “the one close to him,” not the preliminarily wedded one. Rav Hamnuna objected: If you say that a woman does not inherit by the word of the Torah, should not the husband inherit the expectancy like existing property? Rebbi Yose said, so did Rebbi teach: The husband does not take the expectancy like that which is at hand. Rebbi Yose ben Rebbi Abun said, there is the first-born whose inheritance is from the Torah but he does not take the expectancy like that which is at hand.

5
English · Heinrich W. Guggenheimer

Rebbi Isaac said: About those who write, if she should die without children, all that was hers shall revert to her father. This is a stipulation about money; the stipulation is valid.

6
English · Heinrich W. Guggenheimer

“Segub fathered Jair,” etc. From where did Jair have cities on Mount Gilead? But he married a woman from the daughters of Manasse who died and he inherited from her. If you would say that the inheritance from a wife was not a word of the Torah it should not say that “Jair had” but that “Segub had.” Similarly, “Eleazar ben Aaron died.” From where did Phineas have property on the Mountain of Ephraim? But he married a woman from the daughters of Ephraim and inherited from her. If you would say that the inheritance from a wife was not a word of the Torah it should say that “Eleazar had” not that “Phineas had.”

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Jerusalem Talmud Bava Batra 8.5English
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Jerusalem Talmud Bava Batra 8.50%

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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