Don’t disinherit your children Baba Batra 133

The Mishnah on today’s daf TB Baba Batra 133 presents a disagreement between the tanna kamma and Rabbi Shimon ben Gamliel whether one should disinherit his children. “With regard to one who wrote a document granting his property to others as a gift and left his sons with nothing, what he did is done, i.e., it takes effect; but the Sages are displeased with him. Rabban Shimon ben Gamliel says: If he did so because his sons were not acting properly, he is remembered positively.” (Sefaria.org translation)

The Gemara settles the dispute by telling a story. Although it is told as a true story, it has famous folklore elements like a caught fish that has swallowed a precious stone. Check out Shlock Rock’s parody of Shlomo Carlebach singing/story telling style about a magical talking fish. https://www.youtube.com/watch?v=LsMPmrB-clo

“Come and hear, as Yosef ben Yo’ezer had a son who was not acting properly. Yosef ben Yo’ezer had a vessel [illiyyata] full of dinars, and he arose and consecrated it to the Temple treasury, depriving his son of his inheritance. His son went and married the daughter of King Yannai’s crown weaver. After the son’s wife gave birth, he bought her a fish [binita]. He tore its stomach open and found a pearl in it. He decided to sell it.

“His wife said to him: Do not bring it to the treasury of the king to sell it, as they will take it from you for an insignificant sum of money. Rather, go bring it to the Temple treasurers. And do not appraise it yourself, as declaration to the Most High is equivalent to transfer to an ordinary person, and if you offer to sell it for an amount less than its worth, you will not be able to change your mind. Rather, let them appraise it.

“He brought it to the Temple treasury, and they appraised it as having the value of thirteen vessels [illiyyata] full of dinars. The treasurers said to him: There are seven illiyyata of dinars at our disposal to pay you for the pearl, but there are not an additional six. He said to the treasurers: Give me the seven in exchange for the pearl, and as for the additional six that you owe me, they are hereby consecrated to Heaven. 

“The treasurers arose and wrote: Yosef ben Yo’ezer bestowed one illiyyata to the Temple treasury, and his son bestowed six. And there are those who say that they wrote: Yosef ben Yo’ezer bestowed one illiyyata to the Temple treasury, and his son removed seven, which he received for the pearl.

“The Gemara infers: From the fact that they said approvingly that Yosef ben Yo’ezer’s son bestowed six, by inference, he acted well when he left him out of his inheritance. The Gemara responds: On the contrary; from the fact that according to the second account, they said disparagingly that he removed seven, by inference, Yosef ben Yo’ezer did not act well when he left him out of his inheritance, as he caused money to be removed from the Temple treasury. Rather, no inference is to be learned from this story with regard to the dilemma as to whether the Rabbis agree with the opinion of Rabban Shimon ben Gamliel, as the two accounts contradict each other on this matter.

“The Gemara asks: What halakhic conclusion was reached about this matter? Come and hear, as Shmuel said to Rav Yehuda: Shinnana, do not be in a house where inheritance is transferred away from its rightful heir, even if it is transferred from a wicked son to a good son, and all the more so if it is transferred from a son to a daughter. Evidently, the Rabbis hold that inheritance should not be transferred in any case.” (Sefaria.org translation)

I don’t have to tell anybody that money and especially money via an inheritance can create disharmony in a family. Families have been torn asunder over who got what or who didn’t get any. We would do well to follow Shmuel’s advice.