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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 115


(a) (R. Yochanan citing R. Yehudah b'Rebbi Shimon): Mid'Oraisa, a father inherits his son and a mother inherits her son, for it says "Matos".
1. This equates the tribes of the mother and father; just as the father inherits the son, also the mother.
(b) Question (R. Yochanan - Mishnah): 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.
(c) R. Yehudah b'Rebbi Shimon: I do not know who taught our Mishnah.
(d) Question: Why didn't he say, it is R. Zecharyah Ben ha'Katzav, who does not expound "Matos"?
(e) Answer: We cannot establish our Mishnah like R. Zecharyah!
1. (Mishnah): (The following inherit but do not bequeath) ...a man from his mother's sister.
2. (Beraisa): A man from his mother's sister, not a woman from her mother's sister.
i. Question: Why does the Beraisa exclude 'a woman from her mother's sister'?
ii. Answer (Rav Sheshes): If she has brothers, they inherit before her.
3. Culmination of answer: According to R. Zecharyah, a woman inherits her mother equally with her brothers!
(f) Question: How does the Tana of our Mishnah expound?
1. If he expounds "Matos", a woman should inherit her son!
2. If he does not expound "Matos", how does he know that a son inherits before a daughter in the mother's property?
(g) Answer: Really, he expounds "Matos"; a woman does not inherit her son, because it says "V'Chol Bas *Yoreshes* Nachalah (mi'Matos)" - she inherits two Matos, she does not bequeath to two Matos.
(a) (Mishnah): The order of inheritance: "Ish Ki Yamus u'Ven Ein Lo v'Ha'avarta Es Nachalso l'Vito" - a son precedes a daughter, all the descendants of a son precede a daughter.
(b) A daughter precedes the brother of the deceased, all her descendants precede a brother;
(c) A brother precedes the brothers of the father, all his descendants precede the father's brothers;
(d) The general rule is: whoever has precedence to inherit, all his descendants have precedence.
(e) (Gemara - Beraisa): "U'Ven" - one might have thought, only a son (inherits before a daughter);
1. "Ein Lo" - we read this 'Ayen' (investigate), if a son (died before his father Dosan and) left a son or daughter or grandson, the son's descendant inherits in place of the son.
2. "Vas" - one might have thought, this only refers to a daughter (she inherits before Dosan's father and brothers);
3. "Ein Lo" - we read this 'Ayen', if she (died before Dosan and) left a son or daughter or granddaughter, her descendant inherits in place of her.

4. Just as we look for descendants, we also look for ancestors (if Dosan left no descendants, nor are there descendants to his father, we look for his father's father (or his descendants)...even if we must go until Reuven.
5. Question: Why not say, even if we must go until Yakov Avinu?
6. Answer (Abaye): Tradition teaches that no tribe will ever die out (we will never need to go back to Yakov).
(f) (Rav Huna): If anyone says that a daughter inherits with a daughter of a son, even if he is the Nasi, we do not heed him, for this is what Tzedukim say.
1. (Beraisa): (We may not fast or eulogize on) Teves 24, this is the holiday of returning to the original law;
2. The Tzedukim used to say that a daughter inherits with a daughter of a son. R. Yochanan ben Zakai challenged their source; a lone Tzeduki responded.
3. The Tzeduki: We learn from a Kal va'Chomer: a son's daughter inherits on account of her father (the son of the deceased), she inherits (with surviving sons) - a daughter inherits on account of herself, all the more so she inherits with sons!
4. R. Yochanan ben Zakai: "Eleh Benei Se'ir...Yoshevei ha'Aretz...v'Tzivon va'Anah" - but it also says "V'Eleh Benei Tzivon v'Ayah va'Anah"!
5. (Rashbam - Anah inherited with his uncles from his grandfather - this shows that a son's descendants inherit just as he would have inherited; since a daughter does not inherit with a son, she does not inherit with a son's daughter! Tosfos - Anah was a girl; we will explain the proof soon.)
i. We must say that Tzivon fathered Anah through his own mother (therefore, Anah is also listed as a child of Se'ir).
ii. Question: Perhaps there were two people named Anah!
iii. Answer (Rabah): "Hu Anah" - (s)he is the same Anah listed above.
6. The Tzeduki: How does that refute me?! (Tosfos - he did not understand R. Yochanan's intent.)
7. R. Yochanan ben Zakai: (Tosfos - we see from this that) a son's daughter inherits with other sons of the deceased, a daughter does not.
8. The Tzedukim were defeated; Chachamim made the day a holiday.
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