TB Baba Batra 139-149 Admon and male privilege

 With daf TB Baba Batra 139 we conclude the eighth chapter of our massekhet and begin the ninth chapter. The ninth chapter continues the discussion of inheritance. By rabbinic law we know already that minor daughters had to be taken care of by the estate until they reach the age of majority which is 12 ½ years old. That’s when the obligation ends. The obligation also ends when the girls marry. Hopefully after the sisters reach the age of majority and not yet married, the brothers will still support them; however, they’re not obligated.

The first Mishna of our new chapter deals with accounting of the portfolio. “In the case of one who died and left behind both sons and daughters, when the estate is large the sons inherit the estate and the daughters are provided with sustenance from it according to the stipulations of the deceased’s marriage contract with their mother. With regard to a small estate, which is insufficient to provide for both the sons and the daughters, the daughters are provided with sustenance. And if the sons, who receive in this case neither inheritance nor sustenance, have no other means with which to support themselves, they go and request charity at the doors. Admon says, rhetorically: I lost out just because I am male? Rather, he holds that the sons also receive sustenance. Rabban Gamliel said: I see as correct the statement of Admon.” (Sefaria.org translation) Here I think we see male privilege at work. Admon and Rabban Gamliel don’t see the irony that just because the daughters are females they lose out.

Rava provides Admon’s underlying reasoning. “Rava said that this is what Admon is saying: Because I am male, and I am fit to inherit in the case of a large estate, should I lose my inheritance entirely in the case of a small estate?” (Sefaria.org translation)

The Gemara defines what is a large estate and what is a small estate. “When Ravin came from Eretz Yisrael, he said that Rabbi Yoḥanan says, and some say it was Rabba bar Ḥana who says that Rabbi Yoḥanan says: Any estate that is large enough to provide sustenance from it for both these and those until the time that the daughters reach their majority is a large estate; less than that, this is a small estate.” (sefaria.org translation)

 Most of the Rishonim hold in a case of a small estate the sons and daughters split the inheritance equally to support themselves. They understand that Admon is disagreeing with the tanna kamma. Rashbam writes every time in the Gemara “Rabban Gamliel said: I see as correct the statement of Admon,” the halakha is like him. According to Rebbeinu Tam, he isn’t disagreeing with the tanna kamma. He is only registering his astonishment about the rabbinic takana of a small estate. Admon still agrees with the sages.