Study Bava Batra folio 129B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
יירשו אחרים תחתיהם״ – בין שאמר ״תנו״ בין שאמר ״אל תתנו״ – אין נותנין להן אלא שקל.
others will inherit their portion in their stead, then regardless of whether he said: Give them a shekel, or whether he said: Do not give them more than a shekel, the court gives his children only a shekel per week, so as not to reduce the share of the others, as their father clearly stated that he wishes to give his children only a specific stipend, and that he intends to leave the bulk of his property to others.
והא הכא, דכשתי שדות וכשני בני אדם דמי, וקתני דקני!
Rav Sheshet concludes: And isn’t the case here like a case of two fields and two people, as the father gave part of his property to his sons as a gift, and the rest to others as an inheritance? But it is taught that the others acquire the property, although he employed only the terminology of inheritance concerning them.
הוא מותיב לה והוא מפרק לה – בראוי ליורשו, ורבי יוחנן בן ברוקה היא.
Rav Sheshet raised the objection and he resolved it: The term others is referring to those who are fit to inherit from him; and the ruling of the baraita is in accordance with the opinion of R' Yoḥanan ben Beroka, who holds that one can bequeath his property to anyone who is fit to inherit from him. Therefore it is unnecessary for the bequest to be phrased as a gift.
אמר רב אשי, תא שמע: ״נכסי לך, ואחריך יירש פלוני, ואחרי אחריך יירש פלוני״ – מת ראשון, קנה שני; מת שני, קנה שלישי. ואם מת שני בחיי ראשון – יחזרו נכסים ליורשי ראשון.
Rav Ashi said: Come and hear a proof for the opinion of Rav Sheshet from a baraita (Tosefta 8:4): If one states: My property will go to you after my death for your use during your lifetime, and after you die, so-and-so will inherit the property, and after the one who inherits after you dies, so-and-so will inherit the property, then in this case, when the first recipient dies, the second acquires it, and when the second dies, the third acquires it. And if the second dies during the lifetime of the first, the property returns after his death to the heirs of the first, and does not go to the third designated recipient, as his right was to inherit it from the second one, who never received it.