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 142
1) ACQUISITION ON BEHALF OF A FETUS (cont.)
(a) (Rav Nachman): One who acquires on behalf of a fetus, the
fetus does not acquire;
2) DOES A FETUS INHERIT?
1. If the giver said '*When* she will give birth...',
the baby acquires.
(b) (Rav Huna): Even if he said '*When* she will give
birth...', the baby does not acquire.
(c) (Rav Sheshes): In both cases, the baby acquires.
(d) Support (Rav Sheshes for himself - Beraisa): A convert
died, Yisraelim grabbed his property.
1. If they heard that he left a son, or that his wife
was pregnant, they must return it;
(e) Rejection #1 (Abaye): Inheritance is different, for it
2. If after they returned it they heard that the son
died or that the wife miscarried, the first
acquisitions are void, what anyone takes now he
3. If a fetus does not acquire, (when they heard that
his wife was pregnant) the first acquisitions should
(f) Rejection #2 (Rava): There, the initial acquisitions were
invalid (because they did not know whether or not there
(g) Question: What is the difference between Abaye and Rava?
(h) Answer: If people heard that the fetus died, grabbed
property, and it turned out that the fetus only died
after they grabbed, and others grabbed property after the
fetus (truly) died. (According to Rava, the first people
acquire, for they were sure that there were no heirs;
according to Abaye, the second people acquire.)
(a) Question (against Rav Sheshes - Mishnah): A one-day old
baby inherits and bequeaths.
1. Inference: Less than one day (i.e. a fetus) does not
(b) Answer #1 (Rav Sheshes): A one-day old baby inherits his
mother's property to bequeath it to his paternal
brothers, but not a fetus.
1. Question: Why not?
3) A PROMISE FOR THE FUTURE
2. Answer: The fetus always dies before the mother; a
son does not 'inherit' his mother after his own
death in order that the property should pass to his
(c) Answer #2 (Mar brei d'Rav Yosef): A one-day old baby is
considered a son in the calculation of the extra share of
3. Question: Is it really true that the fetus dies
i. There was a case of a fetus that quivered two
times after its mother died!
4. Answer (Mar bar Rav Ashi): Quivering does not show
that it is alive - if a rodent's tail is cut off, it
1. Inference: A fetus does not decrease the extra share
of the firstborn - "V'Yaldu Lo" (we only consider
sons that were already born when the father died).
(d) Version #1 - Chachamim of Sura (Mar brei d'Rav Yosef): A
son born posthumously does not decrease the extra share
of the firstborn - "V'Yaldu Lo".
(e) Version #2 - Chachamim of Neharda'a (Mar brei d'Rav
Yosef): A firstborn born posthumously does not receive an
extra share (e.g. if another son was also born
posthumously) - "Yakir" (the father must (be fitting to)
acknowledge his firstborn, here he was unable to do so).
(f) The Halachah follows Mar brei d'Rav Yosef in these three
(g) (R. Yitzchak): One who acquires on behalf of a fetus, the
fetus does not acquire;
(h) Question: The Mishnah says that the fetus acquires!
(i) Answer: The Mishnah discusses a man giving to his son -
because he feels great affinity for his son, he resolves
more firmly to give, so the acquisition works;
1. In any other case, the fetus does not acquire.
(j) Shmuel expounded in front of 10 people: one who acquires
on behalf of a fetus, the fetus acquires.
(k) The Halachah is, one who acquires on behalf of a fetus,
the fetus does not acquire.
(a) Yakov told his wife 'My property is to the sons I will
have from you'. His oldest son (Reuven, from a different
wife) asked 'What will I get'?! Yakov said 'Go acquire
like one of her sons'.
1. Clearly, nothing takes effect now regarding the sons
that will be born from her - they are not yet in the
world (she was not even pregnant).
(b) Question: (When Yakov dies,) does Reuven get an *extra*
share of the estate (above what he would normally
inherit) equal to what he would receive if he was one of
her sons (and they would receive all the property)?
(c) Answer #1 (R. Avin, R. Meisha, and R. Yirmeyah): Yes, he
gets an extra share.
(d) Answer #2 (R. Avahu, R. Chanina bar Papa, R. Yitzchak
Nafcha): He does not get an extra share.
(e) R. Avahu: Does the Halachah follow you, or us?
(f) R. Yirmeyah: The Halachah follows us, we are older than
(g) R. Avahu: The Halachah does not depend on age, rather, on
(h) Question (R. Yirmeyah): What is your reason?
(i) Answer (R. Avahu): Since the future sons cannot receive
the bequest, it is as if he said to him 'acquire just
like the donkey' -- that is, since the unborn sons cannot
acquire and the bequest included both born and unborn
sons, neither acquire .