More Discussions for this daf
1. Relinquishing One's Share at the Expense of Another 2. Insolvent estates 3. Strange Ukimtos?
4. Prof. Aumann's Lecture 5. Rashi's Opinion of the Division of the Estate

Yitzchak Coffer asked:

This deals with the Gemara's response to its own question as to why the second wife should receive 75 zuz in regard to distribution 2) shown in the chart. The Gemara explains that she relinquished her claim only in regards to the first wife, but not in regard to the third wife. My question is as follows: How can wife #2 expect or demand that wife #3 become a participating benefactor of wife #1? It seems to me that wife #2 should only be entitled to what is left after deducting from her share what is necessary to give wife #1 fifty zuz, the amount that the latter wife would get if she were sharing only with wife #3. Thus, if we deduct the 16-2/3 zuz from wife #2 to provide wife #1 with the computed "50%" (50 zuz), wife #2 would only be entitled to about 6-2/3 zuz and this would still allow wife #3 to get the 33-1/3 zuz to which she was entitled as a non-participating party to the relinquishment.

Would such a division not be more fair between wife #2 & #3?

Yitzchak Coffer, Thornhill, Canada

The Kollel replies:

Tosfos writes that this matter is not fully explained.

Rashi writes that although wife #1 is receiving more than her third of the first hundred, it is not considered as if wife #2 gifted her the money. Rather, she just relinquished her claim. She is not liable for the fact that wife #1 received more; that was merely the outcome of the fact that there remained only two people contesting the first hundred. Therefore, when wife #2 comes to contest with wife #3 on the remaining 150, her entire claim is intact and she is on equal footing with wife #3. (See Insights to the Daf, citing RITVA.)

Dov Zupnik