Wednesday, November 27, 2024

When can a minor sell inherited property? TB Baba Batra 155

Today’s daf TB Baba Batra 155 answers the question when can a minor sell inherited property.

It was stated that there was a dispute with regard to the following matter: From when, i.e., from what age, can a minor sell his deceased father’s property? Rava says that Rav Naḥman says: From the time he is eighteen years old, and Rav Huna bar Ḥinnana says that Rav Naḥman says: From the time he is twenty years old.” (Sefaria.org translation)

Even though a 13-year-old boy reaches the age of majority and is responsible for his actions to be punished, a young man can’t sell inherited property until he reaches the age of 18 or 20 depending upon Rava or Rav Huna bar Ḥinnana understanding of Rav Naḥman’s position. The Yad Ramah explains why a guardian is put in charge of the property until the teenager reaches the age of 18 or 20. This teenager does not have an appreciation of the property and how he can benefit from it for him because he only inherited it. The land wasn’t gifted to him. He didn’t buy the land. He didn’t work the land. Consequently, the court appoints a governor until the teenager matures and can appreciate the inheritance. Once he has this appreciation gain by maturity, he may sell the property.

Nevertheless, this is not a hard and fast rule. If the 13-year-old teenager boy or a 12- and one-day year-old girl has a firm grasp and understands business, s/he may sell the inherited property.

Giddel bar Menashya sent an inquiry to Rava: Let our teacher instruct us: With regard to a girl who is fourteen years and one day old who understands the nature of business negotiations, what is the halakha? Can she sell property that she inherited from her father? Rava sent a reply to Giddel bar Menashya: If she understands the nature of business negotiations her purchase is a valid purchase and her sale is a valid sale.

“The Gemara asks: But Giddel could have sent this question to Rava with regard to a boy. Why did he not do so? The Gemara answers: The incident that took place, took place in this way. The Gemara asks: But he could have sent this question to Rava with regard to a girl who is twelve years and one day old, at which age a girl reaches her majority. Why did he not do so? The Gemara answers: The incident that took place, took place in this way.” (Sefaria.com translation)

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