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 115
1) DOES A MOTHER INHERIT HER SON?
(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".
2) THE ORDER OF INHERITANCE
1. This equates the tribes of the mother and father;
just as the father inherits the son, also the
(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
(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.
1. (Mishnah): (The following inherit but do not
bequeath) ...a man from his mother's sister.
(f) Question: How does the Tana of our Mishnah expound?
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'?
3. Culmination of answer: According to R. Zecharyah, a
woman inherits her mother equally with her brothers!
ii. Answer (Rav Sheshes): If she has brothers, they
inherit before her.
1. If he expounds "Matos", a woman should inherit her
(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.
2. If he does not expound "Matos", how does he know
that a son inherits before a daughter in the
(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
(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
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.
(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.
5. Question: Why not say, even if we must go until
6. Answer (Abaye): Tradition teaches that no tribe will
ever die out (we will never need to go back to
1. (Beraisa): (We may not fast or eulogize on) Teves
24, this is the holiday of returning to the original
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).
6. The Tzeduki: How does that refute me?! (Tosfos - he
did not understand R. Yochanan's intent.)
ii. Question: Perhaps there were two people named
iii. Answer (Rabah): "Hu Anah" - (s)he is the same
Anah listed above.
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