REVACH L'DAF
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| BAVA BASRA 125 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law. |
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SUMMARY
1. A person said that his grandmother should inherit him and, after she dies, his daughter should inherit the estate.
2. After this person (#1) died, his daughter married and then died before the grandmother died.
3. There is a dispute in the Gemara regarding the law in this case.
4. The Bnei Ma'arava ruled that the daughter's husband does not inherit the estate.
5. Rebbi Elazar: Rav Huna's reasoning is based on a principle regarding this type of case.
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A BIT MORE
1. It is clear that his intent was that his grandmother's heirs should not inherit his estate, but rather his daughter should inherit it after he dies.
2. The daughter's widower claims that he should inherit the estate, since he inherits his wife. The grandmother's heirs claim that they should inherit the estate, as it never ended up going to the deceased daughter.
3. Rav Huna: The daughter's husband receives the estate. Rav Anan: The grandmother's relatives receive the estate.
4. The Gemara explains that the Bnei Ma'arava maintained that if the deceased daughter would have a son, he indeed would inherit the estate. However, a husband does not inherit from his wife property that his wife did not actually own but was only entitled to receive. Therefore, the grandmother's family inherits the estate.
5. The principle is that if someone says, "Reuven should receive this after Shimon," it is as if he is saying that Reuven already acquires these items now for whenever he will be able to use them in the future. This means that it is as if the wife already acquired the estate, and therefore the husband inherits the estate even though she died before the grandmother.
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