Previous Folio / Baba Bathra Contents / Tractate List / Navigate Site
Babylonian Talmud: Tractate Baba Bathra
according to Abaye. however,1 what [is meant by], 'he receives maintenance like a daughter'? — Granted your argument is right [how will you explain], according to Raba, what [is the meaning of] 'he inherits like a son'?2 But, [you must explain it as meaning that] 'he is entitled to inherit but [actually] receives nothing', so here3 [it may be explained as] 'entitled to maintenance but [in fact] receives nothing'.
IF A MAN SAID: SHOULD MY WIFE BEAR A MALE CHILD etc. Does this imply that a daughter is dearer to him, than a son?4 Surely R. Johanan said in the name of R. Simeon b. Yohai: The Holy One, blessed be He, is filled with wrath against anyone who does not leave a son to be his heir, for it is said, And you shall cause his inheritance to pass unto his daughter,5 and by the expression of 'causing to pass'6 'wrath'7 is implied, for it is said, That day is a day of wrath!8 — As regards succession, a son has preference;9 as regards maintenance, a daughter is given preference.10
And Samuel said: We deal here11 with [the case of a mother] who gave birth for the first time, and [this12 is to be understand] in accordance with [a saying] of R. Hisda. For R. Hisda said: [If a] daughter [is born] first, it is a good sign for the children. Some say, because she rears her brothers; and others say, because the evil eye13 has no influence over them.14 R. Hisda said: To me, however, daughters are dearer than sons.15
If preferred it may be said that [the Tanna of our Mishnah] is in agreement16 [with the view of] R. Judah. Which [view of] R. Judah? If it is suggested, [that relating to the exposition] of 'in all';17 for it was taught.18 And the Lord blessed Abraham with all.17 R. Meir said, [the meaning is] that he had no daughter; [and] R. Judah said, [the meaning is] that he had a daughter whose name was 'Inall',19 it may be objected20 that [from this] one may only infer21 that, according to R. Judah, the All Merciful did not deprive Abraham even of daughter; this is no proof, however,22 that [a daughter] is better than a son! But [it is] this [saying of] R. Judah: It was taught:23 'It is a meritorious act to feed one's daughters; and how much more so one's sons' — since [the latter] are engaged in the study of the Torah, these are the words of R. Meir R. Judah said, 'It is a meritorious act24 to feed one's sons and how much more so one's daughters' — in order that they be not degraded.25
But how is one to understand that Baraitha which teaches,26 '[if] she gave birth to a male and a female, the male receives six [gold] denarii27 and the female receives two [gold] denarii'?28 — R. Ashi replied: I interpreted29 this reported tradition,30 before R. Kahana, [as dealing] with [the case of] one who inverted the order [of his first instruction] by making a statement like the following:31 '[If] a male [be born] first, [he shall receive] two hundred zuz,32 and the] female [born] after him [shall receive] nothing: [if a] female [be born] first, [she shall receive] a maneh, [and the] male [born] after her [shall receive] a maneh'; and she gave birth to [both] a male and a female, and it is not known which of them was born33 first. The male does, [consequently]. receive a maneh [which is] in any case [due to him].]34 The other maneh [however] is money of doubtful ownership35 and is to be divided.36
And how is one to understand the Baraitha which teaches37 [that 'if] she gave birth to a male and a female, he only receives one maneh38 — Rabina replied: [This is possible] where [the promise of the sum of money was made by the father]. 'to him who will bring me tidings';39
Baba Bathra 141b
as it was taught: '[If a person said]: "He who will bring me tidings whereby the womb of my wife was opened, shall receive, if the child be a male, a maneh", [then] if she gave birth to a male he receives a maneh. [If. however.] he said: "[He will receive] a maneh if [he brings 'me tidings that she gave birth to] a female", [then] if she gave birth to a female, he receives a maneh, [and if] she gave birth to a male and a female, he only receives a maneh'. But surely'. he did not speak of a 'male and a female'!1 — [This refers to the case] where he also said, 'He shall also receive a maneh if [he brings tidings that] a male and a female [were born]'. What. then. [did he mean] to exclude?2 To exclude a miscarriage.3
[Once] a certain [man] said to his wife: 'My estate shall be his with whom you are pregnant — R. Huna said, 'This is [a case of] making an assignment to an embryo through the agency of a third party, and whenever such an assignment is made, [the embryo does] not acquire possession.
R. Nahman raised an objection against R. Huna's ruling: IF A MAN SAID: SHOULD MY WIFE BEAR A MALE CHILD, HE SHALL RECEIVE A MANEH, [AND HIS WIFE] DID BEAR A MALE CHILD, HE RECEIVES A MANEH!4 — He replied to him: [As to] our Mishnah. I do not know' who is its author.5 But should he not have replied to him [that] it6 [represents the view' of] R. Meir who stated [that] a man may convey possession of a thing that has not [yet] come into the world!7 — [It is possible to] say that R. Meir holds this view8 [only when possession is conveyed] to that which is [already'] in the world;9 [but] has he been heard [to hold the same view when possession is conveyed] to that which is not [yet] in the world!10
But let him reply to him that it11 [represents the view of] R. Jose who said [that] an embryo acquires [possession]! For we learnt:12 'An embryo disqualifies [his deceased father's slaves from eating the heave.offering[13 but does not confer the right of eating it [on his mother];14 these are the words of R. Jose'?15 — An inheritance which came to one under the ordinary laws of succession,16 is different.17
But let him reply to him [that] it18 [represents the view of] R. Johanan b. Beroka who said, that there was no difference between an inheritance and a gift! For we learnt:19 R. Johanan b. Beroka said: If [a person] said [it]20 concerning one who is entitled to be his heir,21 his instruction is legally valid22 — [It is possible to] say that R. Johanan b. Beroka has been heard [to hold the view only where possession is given] to that which is [already] in the world;23 [but] did he say [that the same law applies also] to that which is not in the world!24
Let him, then, reply to him [that our Mishnah speaks of the case] where [the money was offered by a husband] 'to him who would bring me tidings'!29 — If so,30 [explain] the last clause wherein it is stated, AND IF THERE IS NO [OTHER] HEIR BUT THIS ONE, HE INHERITS ALL [THE ESTATE]. If [the Mishnah speaks] of a reporter31 what has he to do with heirship!32
Then let him reply to him [that our Mishnah speaks of the case] where she has [already] given birth [to the child]!33 — If so,34 the last clause is wherein it is stated. IF [HOWEVER] HE SAID: whatever MY WIFE SHALL BEAR, SHALL RECEIVE [A CERTAIN PORTION]. HE RECEIVES [IT] [instead of]. WHATEVER SHE SHALL BEAR, should have [read]. 'whatever she has born'!
- To Next Folio -