POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 108
BAVA BASRA 101-108 - Sponsored by a generous grant from an anonymous donor.
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***** PEREK YESH NOCHELIN ******
1) WHO INHERITS AND BEQUEATHS
(a) (Mishnah): Some relatives inherit from and bequeath to
each other; in some cases, one relative inherits the
other, but does not bequeath to the other; in some cases,
one bequeaths to the other, but does not inherit from the
other; some relatives neither inherit nor bequeath from
1. The following inherit and bequeath to each other: a
father from/to his sons; sons from/to their father;
(b) (Gemara) Question: Why did the Mishnah first list a
father (inheriting) his sons, rather than sons inheriting
2. The following inherit but do not bequeath: a man
from his mother, a man from his wife, a man from his
3. The following bequeath but do not inherit: a woman
to her sons, a woman to her husband, and a man to
his sister's children.
4. Maternal brothers neither inherit nor bequeath to
1. Firstly, we should not begin which a tragic case (of
a son dying childless in his father's lifetime)!
2) A FATHER INHERITS
2. Secondly, we should begin as the Torah begins - "If
a man will die U'Ven Ein Lo" (implying, had he left
a son, the son would inherit him)!
(c) Answer: Since we must expound to learn that a father
inherits his sons, this law is dear to the Tana, so he
taught it first.
(a) Question: How is the law learned?
(b) Answer #1 (Beraisa): "She'ero (his close relative)" -
this refers to the father, and teaches that if Reuven
dies, his father has precedence to inherit him before
1. One might have thought, Reuven's father has
precedence over Reuven's son - "Ha'Karov" teaches
that the closest relative has precedence.
(c) Question: How do we know that Reuven's son is a closer
relative than Reuven's father, but Reuven's brother is
(d) Answer: Because a son stands in place of his father
regarding two laws: Yi'ud (to marry his father's Jewish
slave), and to redeem an inherited field that his father
(e) Question: Why not say that a brother is closer, for he
stands in place of his brother regarding Yibum!
(f) Answer: Yibum only applies when a man leaves no sons -
this shows, a son stands in place of his father more than
a brother stands in place of a brother.
1. We infer, if not for this answer, the brother would
be considered closer.