Study Bava Batra folio 125B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
״נכסי לסבתא, ובתרה לירתאי״. הויא ליה ברתא דהוה נסיבא, שכיבא בחיי בעלה ובחיי סבתא. בתר דשכיבא סבתא, אתא בעל קא תבע.
All my property is given to my grandmother, and after she dies, it is given to my heirs, not inherited by her heirs. He then died. He had a married daughter, who died during the lifetime of her husband and during the lifetime of her father’s grandmother. After her father’s grandmother died, her husband came and claimed the inheritance, as his wife was the heir of her father, and he is his wife’s heir.
אמר רב הונא: ״לירתי״ – ואפילו לירתי ירתי. ורב ענן אמר: ״לירתי״ – ולא לירתי ירתי.
Rav Huna said: When her father said that his property is given: To my heirs, he meant: And even to the heirs of my heirs. Therefore, since his daughter’s husband is the heir of his heir, he is entitled to the inheritance. And Rav Anan said that he meant: To my heirs, but not to the heirs of my heirs. Therefore, the husband is not entitled to the property.
שלחו מתם: הלכתא כוותיה דרב ענן, ולאו מטעמיה. הלכתא כוותיה דרב ענן – דבעל לא ירית, ולאו מטעמיה; דאילו רב ענן סבר: אף על גב דהוה ליה ברא לברתיה, לא ירית; ולא היא, דאילו הוה ליה ברא לברתיה, ודאי ירית; ובעל היינו טעמא דלא ירית – משום דהוה ליה ראוי, ואין הבעל נוטל בראוי כבמוחזק.
The Talmud relates: They sent a ruling from there, Eretz Yisrael: The halakha is in accordance with the opinion of Rav Anan, but not due to his reasoning. The Talmud explains: The halakha is in accordance with the opinion of Rav Anan that the husband does not inherit the property. But not due to his reasoning, as Rav Anan holds that even if his daughter had a son to inherit from her, he would not inherit the property, as her father bequeathed it only to his heirs, not to the heirs of his heirs. And that is not so, as if his daughter had a son, he would certainly inherit; and this is the reason the husband does not inherit: Because the inheritance is considered property due to the daughter, as she did not own it during her lifetime, and a husband does not take in inheritance property due to his wife as he does the property she possessed.