אבל לענין דינא לא?!
but with regard to the halakha it does not indicate anything?
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אבל לענין דינא לא?!
but with regard to the halakha it does not indicate anything?
והתניא: נפל הבית עליו ועל אביו, עליו ועל מורישיו; והיתה עליו כתובת אשה ובעל חוב; יורשי האב אומרים: הבן מת ראשון, ואחר כך מת האב; ובעל חוב אומר: האב מת ראשון, ואחר כך מת הבן.
But isn’t it taught in the Mishnah (157a): A house collapsed on a son and upon his father, or upon a certain person and upon those from whom he stands to inherit, and it is unknown who died first. If the son bore the responsibility to pay the marriage contract of his wife and to pay a creditor, and the son had no money with which to pay them except that which he might inherit from his father, and the father’s heirs say: The son died first and afterward the father died, and therefore the son did not inherit property from his father, and the creditor says: The father died first and afterward the son died, there is a dispute as to the halakha. The son therefore inherited his father’s property, and his creditor has a lien upon the property, enabling him to collect payment from the property even after the son’s death.
מאי, לאו ״יורשי האב״ – בני, ״מורישיו״ – אחי? ואי סלקא דעתך לא מצי אמר ״מכח אבוה דאבא קאתינא״, דכי כתיב: ״תחת אבתיך יהיו בניך״ – בברכה כתיב; כי מת הבן ואחר כך מת האב – מאי הוי? נימא להו בעל חוב: ירושת אבוהון קא שקילנא!
What, is it not correct to explain that the father’s heirs are the son’s sons, and the term: Those from whom he stands to inherit, is referring to the deceased son’s brothers? And if it enters your mind to maintain that the grandson cannot say: I come to repossess the property on the basis of the right of my father’s father to the property, as when it is written in the verse in Psalms: “In the place of your fathers should be your sons,” this is written as a blessing, then the Mishnah is difficult. According to this understanding, grandsons inherit from their grandfather only through their father. If so, even if the son died first and afterward the father died, what of it? Let the creditor say to the son’s sons: It is their father’s inheritance that I am taking, as the grandsons inherit from their grandfather only through their father.
Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.