POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 139
1) THE HEIRS DIVIDE EQUALLY
(a) (Mishnah): If a man died, leaving big and small sons, the
big sons do not receive extra money to buy clothing
(which costs more than clothing for small sons), the
small sons do not receive extra money for their food
(which costs more than food for big sons);
2) RIGHTS OF A HUSBAND IN HIS WIFE'S PROPERTY
1. Rather, they divide the estate equally.
(b) If the big sons got married, the small sons also get
married (this will be explained);
1. The small sons cannot say 'We will get married, as
(c) If a man died, leaving big and small daughters, the big
daughters do not receive extra for clothing, the small
daughters do not receive extra for food; rather, they
2. What the father gave the big sons was a gift.
1. Rather, they divide the estate equally.
(d) If the big daughters got married, the small daughters
also get married;
1. The small daughters cannot say 'We will get married
as you did';
(e) (Gemara - Rava): If the oldest brother (who deals on
behalf of all the brothers) buys nice clothing from money
of the estate, they do not get a corresponding amount of
money (because he is more respected, they benefit from
2. What the father gave the big daughters was a gift.
(f) Question (Mishnah): The big sons do not receive extra
money to buy clothing!
(g) Answer: That refers to a son that does not deal on behalf
of the others.
(h) Question: Obviously, he does not get extra for clothing!
(i) Answer: One might have thought, in any case they allow
him to buy nice clothing, to look proper - the Mishnah
teaches, this is not so.
(j) (Mishnah): If the big sons got married...
(k) Question: What does this mean?
(l) Answer (Rav Yehudah): If the big sons got married from
the joint money of the estate (after the father died),
the small sons also get married from the estate;
1. If the father married off the big sons, the small
sons cannot say 'We will get married from the
estate, as father did for you';
2. What the father spent to marry off the big sons was
(a) (Mishnah): If the big daughters got married...
(b) Question (Avuha bar Geneiva): If a woman borrowed money
and got married, is the husband considered like a buyer
(in his wife's property), or like an heir?
1. If he is like a buyer, a Milveh Al Peh (a loan
without a document) cannot be collected from him;
(c) Answer #1 (Rava - Mishnah): If the big daughters got
married, the small daughters also get married.
2. If he is like an heir, a Milveh Al Peh is collected
1. This means, if a big daughter married a man (and
entered the marriage with money of the estate), the
small daughters get married from his property (he is
like an heir, he must pay the loan).
(d) Rejection: No, the small daughters get married from money
left in the estate.
1. Question: But R. Chiya taught, if a big daughter
married a man, the small daughters get married from
(e) Answer #2 (Rav Papa): Ravin taught, if a man died,
leaving a widow and daughter, the widow is fed from the
estate (this is a condition of the Kesuvah);
2. Answer: Perhaps dowries are different, since they
are publicized, they are like loans with a document.
1. If the daughter got married, (her husband uses the
property, on condition that) the widow is still fed
(f) Abaye: A Mishnah teaches Ravin's law!
2. Rav Yehudah the nephew of R. Yosi bar Chanina says,
a case occurred, the daughter got married then died,
Chachamim said that (her husband gets the property,
but) the widow is still fed from it.
3. We understand this if the husband is like an heir
(she is normally fed from the estate after it fell
to the heirs).
4. Question: But if the husband is like a buyer, why is
she fed? (She is not fed from sold property!)
1. (Mishnah): The following do not return in Yovel: the
extra portion of the firstborn, and one who inherits
(g) Objection (Rava): A different source teaches that the
husband is like a buyer!
***** PEREK MI SHE'MES *****
1. (R. Yosi bar Chanina): In Usha, they enacted that if
a wife sold her Melug property, and then she died,
her husband takes the property from the buyer.
(h) Answer #3 (Rav Ashi): Sometimes Chachamim made the
husband like an heir, sometimes they made him like a
buyer, whichever is better for him.
2. (We understand this if the husband is like a buyer
(at the time of marriage, he takes from the second
3. But if he is like an heir, why can he take from the
buyer (he does not inherit until she dies)!
1. Regarding Yovel, he is like an heir, so he will keep
(i) Question: Why are we concerned for her loss, but not for
the loss of buyers (regarding the enactment of Usha)?
2. Regarding the enactment of Usha, he is like a buyer,
so he will not lose his wife's property (after he
3. Regarding feeding the widow, he is like an heir, so
she will not lose (what she was promised in the
(j) Answer: There, the buyers caused their own loss, they
should not have bought from a married woman.
3) DAUGHTERS ARE FED AND SONS INHERIT
(a) (Mishnah): If a man died, leaving sons and daughters: if
there is much property (this will be explained), the sons
inherit and the daughters are fed;
(b) If there is little property, the daughters are fed and
the sons beg for their food.
(c) Admon says, why should I lose, because I am a male?!
(d) R. Gamliel agrees with Admon.
(e) (Gemara) Question: What is considered much property?
(f) Answer #1 (Rav Yehudah citing Rav): Enough to feed all
the children for 12 months is called 'much'.
(g) Answer #2 (Shmuel): This is the opinion of R. Gamliel bar
Rebbi, but Chachamim say, enough to feed all the children
until Bagrus (until the girls mature).
(h) Support (Ravin): Enough to feed all the children until
Bagrus is called 'much', less than this is 'little'.