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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