Tuesday, October 15, 2024

How do we know a husband inherits from his wife? TB Baba Batra 112

The Torah sheBa’al Peh, the Oral Law, teaches that the husband inherits from the wife when she predeceases him. Nowhere in the Torah is this law explicitly stated. Dappim TB Baba Batra 111b and112 presents three different suggestions how to learn this law from verses in the Bible.

1.    The sages teach the word “his kinsman [she’ero] -שְׁאֵר֞וֹ”in the verse “If his father had no brothers, you shall assign his property to his nearest kinsman in his own clan, who shall inherit it.- וְאִם־אֵ֣ין אַחִים֮ לְאָבִיו֒ וּנְתַתֶּ֣ם אֶת־נַחֲלָת֗וֹ לִשְׁאֵר֞וֹ הַקָּרֹ֥ב אֵלָ֛יו מִמִּשְׁפַּחְתּ֖וֹ וְיָרַ֣שׁ אֹתָ֑הּ"” means “his wife” i.e. the husband inherits the wife.

2.    Both Abaye and Rava agree that the above verse needs to cut and pasted to teach this law, but disagree how to do it. 

            Abaye said: Answer like this, i.e., as if the verse were split into two parts. The             first part is: Then you shall give his inheritance to he who is next to him, which         is a general statement with regard to the inheritance of relatives. The second is: His         kinsman, and he shall inherit it, meaning that a husband inherits from his                     kinsman, referring to his wife.

"Rava said: Does a sharp knife cut verses? How can you split the verse, rearrange it and omit letters from its words? Abaye’s derivation rearranges the words and omits the letter lamed from the term “to his kinsman [leshe’ero].” Rather, Rava said: This is what the verse is saying: And you shall give the inheritance of his kinsman [she’ero] to him. The letters should be arranged differently, removing the letter lamed from the word leshe’ero and the letter vav from the word naḥalato and combining them to form the word lo, meaning: To him. Accordingly, the verse teaches that a husband inherits from his wife. The Gemara explains that Rava holds that the Sages subtract and add and interpret homiletically, meaning that letters can be removed from words and appended to each other, and a halakha can be derived from the new word formed by the combination of letters.” (Sefaria.org translation)

3.    Rabbi Yishmael cites five different verses from all over the Bible to show that a woman may not marry outside her tribe because once she predeceases her husband the land brings into the marriage her husband would inherit another tribe’s land. The Torah explicitly prohibits the transfer of one tribal land to another tribe. ““So shall no inheritance of the children of Israel transfer from tribe to tribe” (Numbers 36:7). This teaches that a transfer of land could occur by means of the husband inheriting from her.” (Sefaria.org translation)

Each suggestion comes with its own set of problems.

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