1)

INHERITANCE IN CASES OF DOUBT [line 2]

(a)

Rejection #2: R. Yirmeyah's law is even like Chachamim.

1.

Chachamim favor the neighbor's claim because he could return the deeds. The Yavam's children have no such option.

(b)

The Safek and Shimon (the Yavam) came to inherit Yakov, the father of Reuven and Shimon.

1.

The Safek: I am Reuven's son, so I receive half.

2.

Shimon: You are my son, so you receive nothing.

(c)

Verdict: The Yavam definitely inherits (at least part); it is doubtful whether or not the Safek inherits. We do not take from one who has a Vadai claim to give to one with a Safek claim.

(d)

The Safek and Shimon's sons came to inherit Yakov (after Shimon died. We discuss when Reuven and Shimon are Yakov's only sons, and Shimon has two Vadai sons, and none of these is four was a firstborn.)

1.

The Safek: I am Reuven's son, so I receive half.

2.

Shimon's sons: You are our brother, so you receive only a share with us.

(e)

Verdict: The Safek admits that half belongs to Shimon's sons, so they split it among themselves. Shimon's sons admit that the Safek receives a third; he takes it. The remaining sixth is Safek, so they split it.

(f)

Yakov and Shimon came to inherit the Safek, or Yakov and the Safek come to inherit Shimon.

(g)

Verdict: The money is in doubt, so they split it.

2)

A YEVAMAH WHO INHERITED PROPERTY [line 19]

(a)

(Mishnah): If property fell to a Yevamah, Beis Shamai and Beis Hillel agree that she may sell it, and the sale is valid.

(b)

Question: If she died, what do we do with her Kesuvah and the property that enters and leaves the marriage with her?

(c)

Answer #1 (Beis Shamai): Her husband's heirs split it with her father's heirs;

(d)

Answer #2 (Beis Hillel): The property retains its status quo. The Kesuvah stays by the husband's heirs, and property that enters and leaves with her stays by her father's heirs.

(e)

If she does Yibum, she is like his wife in all respects, but the Kesuvah is paid from the property of the deceased.

(f)

(Gemara) Question: Why do Beis Shamai and Beis Hillel agree in the Reisha but not in the Seifa?

(g)

Answer #1 (Ula): In the Reisha, she fell to Yibum from Kidushin. In the Seifa, she fell from Nisu'in.

1.

Ula holds that Zikah (of one who fell) from Kidushin is like Safek Kidushin, and Zikah from Nisu'in is like Safek Nisu'in.

38b----------------------------------------38b

2.

Zikah from Kidushin is only like Safek Kidushin. If it would be like Vadai Kidushin, Beis Hillel would not permit her to sell!

i.

(Mishnah - Beis Shamai): If property fell to an Arusah, she may sell it;

ii.

Beis Hillel say, she may not sell it.

iii.

Both agree that if she sold it, the sale stands.

3.

Zikah from Nisu'in is only like Safek Nisu'in. If it would be like Vadai Nisu'in, Beis Shamai would not say that the father's heirs split her property!

i.

(Mishnah): If property fell to her after Nisu'in, Beis Shamai and Beis Hillel agree that if she sold, the husband takes the property from the buyers.

(h)

Objection (Rabah): If so, rather than arguing about the property itself after she dies, they should argue about who eats the Peiros during her lifetime!

(i)

Answer #2 (Rabah): In both cases, she fell from Nisu'in. Zikah from Nisu'in makes Safek Nisu'in.

1.

In the Reisha she is alive. She is Vadai (the property itself is hers) and the husband is Safek (perhaps he does not receive even Peiros), so a Safek does not take from a Vadai;

2.

In the Seifa she died and both heirs come to inherit, so they divide.

(j)

Question (Abaye): Beis Shamai hold that a Safek can take from a Vadai!

1.

(Mishnah): A house fell on Reuven and his father Yakov (or another relative whom Reuven inherits). Reuven owed money to pay a Kesuvah or creditors. Yakov's heirs say that Reuven died before Yakov (so Yakov's property never came to Reuven, so the Kesuvah or debt cannot be collected from it). The creditor says that Yakov died first.

2.

Beis Shamai say, they divide;

3.

Beis Hillel say, the property remains in its status quo.

4.

Summation of question: Yakov's heirs are Vadai, and the creditor is Safek, and Beis Shamai say that they divide!

(k)

Answer: Beis Shamai consider a document to be as if it was already collected.

(l)

Question: What is the source to say this?

(m)

Answer (Mishnah - Beis Shamai): If the husband died before the Sotah drank, she receives her Kesuvah and does not drink;

1.

Beis Hillel say, she drinks or does not receive her Kesuvah.

2.

Objection: She cannot drink, for we require "the man will bring his wife"!

3.

Answer: Rather, since she does not drink, she does not receive her Kesuvah.

4.

Conclusion: There is a Safek whether she was Mezaneh [and forfeited her Kesuvah], and she receives her Kesuvah (from the heirs, who definitely inherit)! This shows that Beis Shamai consider a document to be already collected.

(n)

Question: Why didn't Abaye ask from this Mishnah?

(o)

Answer: One could say that a Kesuvah is different. Chachamim enacted that she can collect it mi'Safek, to encourage women to marry.

(p)

Question: Why didn't he ask from the case of Kesuvah in our Mishnah? (Since she already died, the reason cannot be to encourage women to marry!)

(q)

Answer: Beis Shamai do not argue (about the Kesuvah, i.e. the 200 Zuz that the husband must pay if she will be widowed or divorced).

(r)

Objection: They do argue!

1.

(Mishnah): Her Kesuvah and property that enters and leaves with her... Beis Shamai says, heirs of the husband divide with heirs of the father;

2.

Beis Hillel say, the property stays in its status quo.

(s)

Answer: The Mishnah asked what we do with the Kesuvah, and never answered. Beis Shamai say that heirs of the husband divide with heirs of the father the property that enters and leaves with her, and Beis Hillel say that the property stays in its status quo.

(t)

Support (Rav Ashi - Mishnah): Heirs of the husband divide with heirs of the father.

1.

This connotes that the property was the father's. If it referred to the Kesuvah (which was the husband's), it would have said 'heirs of the father divide with heirs of the husband.'