BAVA BASRA 112 (18 Iyar, Lag b'Omer) - dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben HaGaon Rav Yisrael Avraham Aba), zt"l, who passed away on Lag ba'Omer 5763. Benny Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.

1)

INHERITANCE FROM TRIBE TO TRIBE [line 2]

(a)

Question: Why did R. Yishmael need a second verse?

(b)

Answer: One might have said that perhaps a husband does not inherit his wife, and the Torah forbade a woman who inherits from marrying into a different tribe because her son (who will be of her husband's tribe) will inherit her.

1.

Therefore, he cited "v'Lo Tisov Nachalah li'Vnei Yisrael mi'Mateh El Mateh";

2.

One might have said that this does not teach that a husband inherits, rather it adds a Lav to the Isur Aseh for her to marry into another tribe;

3.

Therefore he cited "v'Lo Tisov Nachalah mi'Mateh l'Mateh Acher."

4.

One might have said that this comes only to add a second Lav, along with the positive Isur for her to marry into another tribe;

5.

Therefore, he cited "v'Elazar... b'Giv'as Pinchas."

6.

Question: How would Pinchas have land if he did not inherit it from his father?

7.

One might have said that Elazar married a woman who inherited from her father, and Pinchas inherited his mother;

8.

Therefore, he cited "u'Sguv Holid Es Ya'ir va'Yhi Lo Esrim v'Shalosh Arim".

9.

Suggestion: Perhaps also Ya'ir inherited his mother!

10.

Rejection: If so, there would be two verses showing that a man inherits his mother!

(c)

Question (Rav Papa): Perhaps a husband does not inherit. The three verses of the Torah all discuss transfer of inheritance through the son; and Ya'ir and Pinchas bought fields!

(d)

Answer (Abaye): You cannot say that Pinchas bought a field and buried his father in it. Since the field reverts to the seller in Yovel, Elazar would be buried in someone else's land!

(e)

Objection: One could say that Pinchas received a Cherem field (it is given permanently to the Kohanim in Yovel)!

2)

WHEN IS TRANSFER OF INHERITANCE A PROBLEM? [line 18]

(a)

Version #1 (Rashbam) Question (Abaye): If a daughter inherited both her parents, even if she marries a man of her father's tribe, her mother's property will transfer!

(b)

Suggestion: Perhaps we are not concerned for this, since the inheritance already transferred from her mother's tribe to her father's.

(c)

Rejection: Perhaps we are still concerned!

(d)

Version #2 (Tosfos) Question (Abaye): Even if a man does not inherit his wife, there will still be transferal of inheritance!

1.

If a daughter inherits her father and mother, and they are of different tribes, no matter who she marries, there is a transfer!

2.

(If a husband inherits his wife, we shall see that there is a way to prevent additional transfer.)

(e)

Suggestion (Rav Papa): Perhaps we are not concerned for this, since the inheritance already transferred from her mother's tribe to her father's.

(f)

Rejection (Abaye): No, we are still concerned.(End of Version #2)

(g)

Question (Rav Yemar): We understand if we are no longer concerned. The verses of the Torah discuss transferal through the husband and the son (in both cases, it suffices to marry a man of her father's tribe);

1.

But if we are still concerned, even if she marries a man of her father's tribe, this still transfers the inheritance of her mother!

(h)

Answer (Rav Ashi): She marries a man whose parents are from the same two tribes as her parents. When he inherits her, no additional transfer occurs.

112b----------------------------------------112b

(i)

Question: If so, the Torah should have commanded her to marry 'a man of the tribe of her father and mother'!

(j)

Answer: Had it said so, one would have thought that it suffices if her husband's father is from her mother's tribe, and her husband's mother is from her father's tribe.

(k)

There are two Beraisos. One first learns transfer through the son, and then transfer through the husband. The other learns in the reverse order.

1.

(Beraisa #1): "V'Lo Tisov Nachalah li'Vnei Yisrael mi'Mateh El Mateh" refers to transfer through the son;

2.

Suggestion: Perhaps it discusses transfer through the husband!

3.

Rejection: "V'Lo Tisov Nachalah mi'Mateh l'Mateh Acher" discusses transfer through the husband!

i.

We must say that the first verse discusses transfer through the son.