Wednesday 14 June 2017

Bava Batra 143: Inheritance Without Clear Directions

The rabbis consider the question of dividing one's inheritance without specific directives.  For example, if one states that he wishes his property to go to his wife and his sons, does half go to his wife and half to his sons?  Or does each person inherit equally, including the wife?

A number of cases are used as comparisons to clarify the halacha in this situation.   These includes cases about:

  • how much money is given when one states that a donkey should acquire 
  • when giving a cucumber as teruma, an extra portion of the inside of a cucumber should be added to account for the possibility that the inside of the first cucumber is bitter
  • when a man attempts to betroth five women simultaneously by giving a basket of figs to one of the women and stating his intention, the kiddushin is not valid if two of the women are sisters
  • when silks are sent home by a man, they should be given to the most suitable receiver - depending on the silks, this could be his son, his daughter or his daughters-in-law

We are introduced to a new Mishna about the use of inherited property.  If a man dies and he has both adult and minor sons and the adult sons improve the property, it is assumed that the increased value of the land is divided among the bothers.  However, if they specify that they are improving the land, the profits are intended to go to themselves.  Similarly, a widow who improves land left to her by her deceased husband, the improved value of the land is assumed to be share amongst her and her sons.  If she states that she is improving the land, the assumption is that she is going to keep any increase in profit herself. 

No comments:

Post a Comment