Ketubot 84: Does one's first family inherit? Do rabbis correct each others' errors?

When a married woman dies, Torah law states that her husband inherits the property.  But what about her first family; other heirs?  What about those who are owed debts?  The rabbis debate these questions in today's daf.

What is rabbinic law and what is Torah law?  The rabbis argue whether or not a woman's heirs are entitled to her property and belongings.  They also ask about the produce of her land.  Who is entitled to inherit the produce of the land after she has died?  Perhaps these questions can be resolved by assuming Shemita, the Jubilee year where all loans are forgiven and all ownership is relinquished every fifty years, is when a deceased, married woman's belongings are inherited by her first family.  Or perhaps this only refers to the rare instances where a husband must pay his deceased wife's family for her burial spot to avoid taking others' spots in a graveyard. 

A new Mishna speaks of a deceased husband who has left creditors, his wife, and heirs behind when he dies.  How do we determine who is given his property and belongings?  Rabbi Tarfon suggests that it should be given to the weakest of them.  How might we interpret the word "weakest"?  The wife, who may be the physically weakest or poorest?  Those who do not require oaths, so that their claims are the strongest and thus they are in greatest need?  Rabbi Akiva respond: One is not merciful in judgement.  This same discussion is applied to the remains of fallen produce.  To whom will it belong now that the husband has died?

The Gemara discusses whether or not heirs should be responsible for their parents' debts.  It seems that it is a mitzvah for heirs to pay their parents' debts.  However, they are not forced to do so.  Produce would have to piled up in the public domain for it to be acquired by any one of these groups of people.  A similar case is mentioned, and in that circumstance the ruling was overturned by another rabbi.

The rabbis take this opportunity to speak about what is done when a Mishna or commentary is stated in error.  Is it overturned?  How is it corrected?  The rabbis go on to describe a number of short, interesting cases where a belonging (from an animal to a maidservant) is seized by those who believe that they have the right to that belonging. The decision is made by one judge in favour of that action.  The complainants then turn to another judge who overturns the first judges' rulings.  When brought back to the first judge, he upholds his colleagues' decisions.

Today's daf shares information that it interesting in a number of ways.  We learn about 

• the actual laws regarding how belongings are distributed after a person's death
• the bond between husband and wife compared with other familial relationships 
• the respect that rabbis have for each other
• the struggle for our rabbis between what was morally right in our eyes and how we might be Torah-bound to behave differently

... and more, of course.