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Bava Basra 108

BAVA BASRA 101-108 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.



(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 the other.
1. The following inherit and bequeath to each other: a father from/to his sons; sons from/to their father; paternal brothers.
2. The following inherit but do not bequeath: a man from his mother, a man from his wife, a man from his mother's sister.
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 each other.
(b) (Gemara) Question: Why did the Mishnah first list a father (inheriting) his sons, rather than sons inheriting a father?
1. Firstly, we should not begin which a tragic case (of a son dying childless in his father's lifetime)!

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 Reuven's brothers;
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 not closer?
(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 made Hekdesh.
(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.
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