Sunday 4 June 2017

Bava Batra 133: Inheritance, Gifts, Choices, and Consequences

The Gemara notes that sometimes a person is fit to inherit and sometimes s/he is not.  In cases where the inheritor is fit to inherit, then the inheritance moves forward.  When the inheritor is not fit to inherit, then the inheritance is considered a gift and the gift is permitted.  

A new Mishna teaches us about the consequences of bequeathing inappropriately.  If one writes a document bequeathing his inheritance to a number of people and he leaves his sons with nothing, this is permitted to occur.  However, such a person will be thought of negatively by the rabbis.  If he did this because his sons were behaving improperly, however, then this person is remembered positively.

The Gemara wonders if it is ever acceptable to deny inheritance to one's sons.  We learn the story of Yosef ben Yo'ezer, who consecrated a vessel of dinars rather than bequeath it to his son.  His son married the daughter of King Yannai's crown weaver.  The son bought her a fish which held a pearl in its stomach.  She directed him to have the pearl appraised by the Temple treasurers.  The pearl was valued at thirteen vessels of dinars, and the treasury had only seven vessels to give to him.  He consecrated the other six vessels of dinars.  

The rabbis are not certain whether the son of Yosef ben Yo'ezer was thought of negatively or positively.  They conclude that one should avoid the transfer of inheritance whenever possible.  

We end today's daf with the story of a man who bequeaths his property to Yosef ben Uzziel instead of to his children, who had behaved badly.  Yosef ben Uzziel sold a third of the property for his own sustenance, consecrated a third, and gave the final third to this man's children.  Shammai reprimanded Yosef ben Uzziel, who retorted that only if the consecrated property is returned to him will he take back the property from the man's children.  His argument was that because the money was his, he could do whatever he wanted with it.  

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