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Bava Basra 113

BAVA BASRA 113 (2 Av) - Dr. and Mrs. Andy and Dianne Koenigsberg, of New York, have dedicated this Daf l'Iluy Nishmas Dianne's father, Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz-Mukachevo/Israel/New York), who passed away on 2 Av 5761. May his love for Mitzvos and for Eretz Yisrael be preserved in all of his descendants.

1) [line 1] "V'LO SISOV NACHALAH MI'MATEH L'MATEH ACHER, KI ISH B'NACHALASO YIDBEKU MATOS BENEI YISRAEL." - "An inheritance shall not be transferred from one tribe to another tribe, for every man shall cling to his inheritance, all the tribes of Benei Yisrael." (Bamidbar 36:9)

2) [line 4] "V'LO SISOV NACHALAH LI'VNEI YISRAEL MI'MATEH EL MATEH, KI ISH B'NACHALAS MATEH AVOSAV YIDBEKU BENEI YISRAEL." - "An inheritance of Benei Yisrael shall not be transferred from tribe to tribe, for every man shall cling to the inheritance of the tribe of his fathers, all of Benei Yisrael." (Bamidbar 36:7)

3) [line 9] SIMAN AMAR - (a) Siman, the name of an Amora, said [in the name of Rabah bar Rav Shila] (MESORES HA'SHAS); (b) this ("Amar") is a mnemonic device ("Siman") for remembering the following three statements brought as proofs that verse 9 refers to Hesebas ha'Ba'al ("*I*sh," "*M*atos," and "Ache*r*"; accordingly, it should read "Eimar," in order to include the statement of "*Y*idbeku") (YOSEF DA'AS; see also YA'AVETZ); (c) (DIKDUKEI SOFRIM #9 omits the word "Siman" altogether.)

4) [line 14] AMAR KERA "MI'MATEH L'MATEH ACHER" - the verse says "from one tribe to another tribe," which can also be read, "from one tribe to the tribe *of another*." Rav Ashi derives from here that this verse is referring only to Hesebas ha'Ba'al (see Background to Bava Basra 111:39), because only a woman's husband is considered "another" person, distinct and separate from her, while her son is considered part of her (RASHBAM).

5) [line 16] U'MATU BAH MI'SHEMEI D'REBBI YEHOSHUA BEN KORCHAH - [there are] those who, with [regard to] this [teaching,] lean [towards citing it] in the name of Rebbi Yehoshua ben Korchah

6) [line 17] EINO NOTEL BA'RA'UY KEVA'MUCHZAK - a husband does not receive a portion from assets that have not reached the hands of his wife (YERUSHAS HA'BA'AL: EINO NOTEL BA'RA'UY KEVA'MUCHZAK)
(a) A husband only receives an inheritance from the assets that were in the possession of his wife at the time of death. He does not inherit Ra'uy, i.e. assets that were not in the hands of a person when he or she died but would have come to him or her eventually. The following are a few examples in which a husband does *not* receive a portion:

1. If one of the wife's relatives dies after her, the husband does not receive a portion of that inheritance (RASHI to Bava Kama 42b).
2. If the wife is owed money, even if the debt was written in a document that was in the possession of the wife, the husband does not receive a portion of the debt if it is paid after the wife's death (RAV OVADYAH MI'BARTENURA).
3. A husband does not receive a portion of the appreciation of property that is brought about by human efforts after the wife's death; e.g. stalks of wheat that produce grain and trees that produce fruit. However, a husband does receive a portion of a small tree that grows on its own, without any expenditure, into a large tree; this is called Matzuy l'Ishto since the tree has not changed form after the wife's death (SEFER HA'CHINUCH #400).
7) [line 26] D'HAVAH NASIV ITESA U'MESAH V'YARSAH - he was married to a woman who died and he inherited her

8) [line 29] AMAR KERA "BENO" - the verse says "his son" (see Background to Bava Basra 111:40), which implies that Pinchas received this land by virtue of being the son of Elazar (and not because it was distributed to him as a "Sedeh Charamim") (RABEINU CHANANEL cited by RASHBAM)


9) [line 1] L'KADEM - to precede (when the sister of the deceased has both a son and a daughter, the son receives the inheritance and not the daughter)

10) [line 2] "V'YARASH [OSAH]" - "[If there are no brothers to his father, you shall give his inheritance to his relative who is closest to him from his family,] and he shall inherit it." (Bamidbar 27:11) - The Gemara derives from the addition of the prefix "and" to each level of inheritance that secondary inheritance is compared to primary inheritance (see next entry) in that the son always precedes the daughter.

11a) [line 3] YERUSHAH SHENIYAH - secondary inheritance (i.e. when anyone but the deceased person's son or daughter inherits his property, such as his brother -- RABEINU GERSHOM, RITVA)
b) [line 3] YERUSHAH RISHONAH - primary inheritance (i.e. when the deceased person's son or daughter inherits his property)

12) [line 6] "V'HAYAH B'YOM HANCHILO ES BANAV ES ASHER YIHEYEH LO, LO YUCHAL L'VAKER ES BEN HA'AHUVAH AL PENEI VEN HA'SENU'AH HA'BECHOR." - "And it shall be that on the day that he bequeaths to his sons that which he has, he may not make the son of the beloved firstborn inherit before the son of the hated, who is indeed the firstborn." (Devarim 21:16)

13) [line 7] ATAH MAPIL NACHALOS - you may give over inheritances [only during the day]

14a) [line 8] D'SHACHIV B'YEMAMA - one who died during the day
b) [line 9] HU D'YARSEI LEI BENEI - it is only *he* whose sons inherit him
15) [line 10] DIN NACHALOS - the judgement of matters regarding inheritance

16) [line 11] "V'HAYESAH LI'VNEI YISRAEL L'CHUKAS MISHPAT" - "[And if his father has no brothers, you shall give his inheritance to his relative who is closest to him from his family, and he shall inherit it;] and it shall be to the people of Yisrael a statute of judgment, [as HaSh-m commanded Moshe.]" (Bamidbar 27:11)

17) [line 12] UR'AH KOL HA'PARSHAH KULAH LIHEYOS DIN - (a) the entire section [of law concerning the division of inheritance] was revealed to be subject to the requirements of normal judicial procedure (RASHBAM); (b) all of those present [at the dying man's side when he announced his will for the inheritance of his property] were given the status of judges (TOSFOS)

18) [line 13] SHELOSHAH SHE'NICHNESU L'VAKER ES HA'CHOLEH - three people who went in to visit the sick person (who wanted to declare his last will and testament)

19a) [line 14] RATZU KOSVIN - if they want, they may write down [the words of the sick person, i.e. how he wants to bequeath his property, as proof for what he wants]
b) [line 15] RATZU OSIN DIN - if they want, they may issue a binding, legal ruling [at that moment, such that the heirs must accept their ruling and may not object to it]

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