Bava Batra 143 - November 15, 14 Cheshvan

Today's daf is sponsored by Audrey Levant in honor of Geri Goldstein Geudalia's grandson, Moshe, on his bar mitzvah in Ottawa, Canada this Shabbat.  In explaining why the commitment of the father to his son, "I will give you a portion with all your yet-to-be-born children" is ineffective, it is compared to one who says "Acquire it like a donkey." If one says to another, "You and a donkey shall acquire the item" is the kinyan effective? Rav Nachman holds that the person acquires half, Rav Hamnuna holds this is entirely ineffective and Rav Sheshet holds that the person acquires the entire item. Rav Sheshet brings a source regarding teruma to prove his position. However, this proof is rejected. Rav Avia brings a difficulty against those who were against Rav Sheshet's position from a case regarding a man who betrothed five women, two of whom could not be betrothed by him in this way as they were sisters (kiddushin that are not able to be consummated, shelo nimseru l'bia). Since the betrothal is effective to some, it can be compared to the "you and the donkey" case. However, this is also rejected as the case was misunderstood by Rav Avia and in fact, the man only had already excluded the sisters in the act of betrothal as he said, "Whoever is eligible to have relations with me will be betrothed." Therefore, the case is not similar at all to the donkey case. If one says, I will give my wife and my sons my possessions, does she get 50% or an equal share with all the sons? Rav Yosef ruled that she receives half and proved it from a verse about the lechem hapanim (shewbread) being divided between Aharon and his sons, where Aharon received half. Abaye rejects the comparison and rules that she receives an equal share. This is questioned in light of rulings where rabbis granted the wife half, and a ruling of Rebbi regarding a division of taxes. However, the ruling of Rebbi is rejected as it is more similar to the case of Aharon and his sons, than to the case of the woman and her sons. A difficulty is raised against Rav Yosef's ruling from the laws regarding dividing up a large meal offering into two vessels. However, the comparison to the meal offering is rejected as well. The halakha is like Rav Yosef in this case and in two others previously cited in Bava Batra (Bava Batra 12b and Bava Batra 114a). If one sends silk to his family, how is it divided between sons, daughters, and daughters-in-law? If one has one son and one daughter and promised his property to his "sons", does that wording include the daughter as well? If one has one son and a grandson and promises his property to his "sons" does that include his grandson? When the estate is not yet divided and the older children invest the property, are the proceeds divided evenly between all the brothers or only the ones who invested? On what does it depend?

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