Tuesday, October 29, 2024

The inheritance from a great-grandmother TB Baba Batra 125

The Gemara goes on a slight tangent on daf TB Baba Batra 125. Instead of talking about the firstborn inheritance laws concerning, Abaye brings up the story about who gets the inheritance from a great grandmother.

What is the case of the great-grandmother that was mentioned by Abaye? The Gemara explains: There was a certain moribund person who said to those present: All my property is given to my grandmother, and after she dies, it is given to my heirs, not inherited by her heirs. He then died. He had a married daughter, who died during the lifetime of her husband and during the lifetime of her father’s grandmother. After her father’s grandmother died, her husband came and claimed the inheritance, as his wife was the heir of her father, and he is his wife’s heir.” (Sefaria.org translation)

Rav Anan ruled against the husband and in favor of the great-granddaughter child. There, Eretz Yisrael (it was decided-gg): The halakha is in accordance with the opinion of Rav Anan, but not due to his reasoning. The Gemara explains: The halakha is in accordance with the opinion of Rav Anan that the husband does not inherit the property…this is the reason the husband does not inherit: Because the inheritance is considered property due to the daughter (raooyi-רָאוּי), as she did not own it during her lifetime, and a husband does not take in inheritance property due to his wife as he does the property she possessed (mukhzak-מוּחְזָק).” (Sefaria.org translation) It’s true a husband inherits his wife’s property, but this property has to be on hand at the time of death (mukhzak-מוּחְזָק). He does not inherit future assets (raooyi-רָאוּי).

Rabba said: The explanation of the people of the West, that the inheritance is considered property due to the daughter and not property possessed by her, is reasonable, as if the grandmother would have sold it before she died, her sale would have been a valid sale, and the daughter would not have received it at all. Rav Pappa declares that the husband only inherits current assets and doesn’t inherit future assets.

 

 

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