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Bava Basra 140

BAVA BASRA 140 (29 Av) - "Mechabdo b'Chayav, Mechabdo b'Moso" (Kidushin 31b). This Daf has been dedicated by Bracha Trebitsch and family l'Iluy Nishmas her father, Eliezer Shmuel Binyomin ben Mayer Trebitsch, in honor of his Yahrzeit. T'N'TZ'B'H.


(a) We take for granted that if the father left a large estate which then 'diminished' before they had a chance to distribute it, the heirs retain what they already inherited.
How did the property diminish?

(b) How is it then divided?

(c) What She'eilah do we ask in the reverse case, where Nechasim Mu'atin became Nechasim Merubim (because the price of Mezonos dropped)? Why might the sons not receive their full portion despite the rise?

(d) What did Rebbi Asi Amar Rebbi Yochanan rule in the case of Yesomim who sold Nechasim Mu'atin? How does this resolve our She'eilah?

(a) Rebbi Yirmiyah asked Rebbi Avahu whether an Almanah detracts in a case of Nechasim Mu'atin.
What is the case?

(b) Why might she not detract?

(c) If she does not detract, and the sons inherit in spite of her, the Almanah shares what is left after the daughters have taken Mezonos, with the sons.
What is the alternative explanation?

(a) Rebbi Yirmiyah then asked Rebbi Avahu about 'bas Ishto' (from a previous marriage).
What advantage does she have over the Almanah? Why, even assuming that an Almanah does not detract, might she?

(b) Why might she nevertheless also not detract by Nechasim Mu'atin?

(c) Assuming that she does not detract, how is the property then distributed?

(a) Bearing in mind that a creditor's heirs can still claim their father's debt after his death, why might a creditor nevertheless not detract from Nechasim Mu'atin?

(b) If he does, it is obvious that the creditor claims his debt, the daughters take the rest and the sons have to go begging.
What happens in the event that he does not?

(c) Some cite the set of She'eilos in the reverse order.
Starting with a creditor, what do we assume, before asking whether ...

  1. ... bas Ishto detracts?
  2. ... Almenaso detracts?
(d) What does Rebbi Yirmiyah finally ask about Almenaso u'Bito?
Answers to questions



(a) Rebbi Avahu seemed overwhelmed by all the She'eilos.
What did he tell Rebbi Yirmiyah to do?

(b) How many of the She'eilos did he resolve?

(c) To do that, he quoted Rebbi Aba Amar Rebbi Asi.
What did he say about 'Almanah Eitzel ha'Bas'?

(a) Abaye explains Admon's statement 'Bish'vil she'Ani Zachar Hifsadti' to mean that because a male learns Torah, he ought to benefit, not lose out. On what grounds does Rava refute Abaye's explanation?

(b) So how does Rava explain Admon?

(a) Our Mishnah discusses a case where the deceased leaves behind sons, daughters and a Tumtum.
What is a Tumtum?

(b) What does our Mishnah say about a Tumtum in the case of ...

  1. ... Nechasim Merubim?
  2. ... Nechasim Mu'atin?
(c) Does 'Dochin Oso Eitzel Nekeivos' necessarily mean that he is sustained like a daughter?

(d) Then why does the Tana use that Lashon?

(a) What does the Tana say in a case where a man declares ...
  1. ... 'Im Teiled Ishti Zachar, Yitol Manah'?
  2. ... 'Im Teiled Ishti Nekeivah, Yitol Masayim'?
  3. ... 'Im Zachar Manah, Im Nekeivah Masayim'?
(b) How do we know that the Tana does not mean that his wife gave birth to twins, and that the one takes a Manah and the other, Masayim?

(c) What would the Din be if his wife did indeed give birth to twins?

(d) In the previous case, should his wife give birth to a Tumtum, he will not receive anything.
In which case will a Tumtum ...

  1. ... receive like a son or daughter?
  2. ... inherit 'his' father?
(a) Our Mishnah rules in the Reisha, with regard to a Tumtum when there are Nechasim Merubim, 'ha'Zecharim Dochin Oso Eitzel ha'Banos'.
Why is there a problem with this from the Seifa 'Yaldah Tumtum, Eino Notel'?

(b) How does Abaye establish the Reisha, in order to resolve this problem?

(c) Rava learns the Reisha literally, and establishes the Seifa like Raban Shimon ben Gamliel.
What does Raban Shimon ben Gamliel say in the Mishnah in Temurah, about an animal that is a Tumtum or an Androginus? What is his reason?

(a) The Beraisa says 'Tumtum Yoresh ke'Ben, ve'Nizun ke'Bas'.
How will Rava explain this Beraisa?

(b) What is the problem according to Abaye?

(c) How does Abaye counter the Kashya?

(d) So how does he finally interpret the Beraisa?

Answers to questions

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