Bava Batra 125: Inheritance Across Generations and Sexes

The rabbis continue to discuss the extra portion allotted to the first born son as part of his birthright.  Who has the right to sell land before it has been bequeathed?  We learn that some rabbis agree that if the grandmother sells the land, that sale is actually valid.  The rabbis also compare the rules that apply to land inheritance to the rules that apply to monetary inheritance.  Some rabbis are very stringent and deny the first born son his double portion's interest in certain circumstances.  Others believe that he should not even be given the double portion itself.

We are introduced to a case where Levi said after he dies, his property should go first to his grandmother and then to any hires.  Levi's married daughter died within the lifetime of Levi and of his grandmother.  The widower claimed the property when Levi's grandmother died.  Do Levi's heirs include his heirs' heirs?  Who should inherit Levi's property?  Should the widower inherit?  What if the daughter had sons - should they inherit?

The rabbis argue about the possible lines of logic in each argument of inheritance.  This is where we learn that if the grandmother sold the property, her sale is valid - and thus the property might not be given to the daughter anyway.  Property that is ra'uy, that falls to someone automatically, would not be inheritable by the daughter's widower.  

We are given three guidelines:

• a firstborn is entitled to the double portion that was given to his father, but not what was ra'uy to someone other than himself
• a firstborn does not get a double portion in a loan that was owed to the father in land or money
• when a firstborn owes money to his father, they divide the inheritance - he receives half of his extra share and gives half to his brothers

It is easy to imagine the myriad of complicated situations that must have come before the courts as people sorted through their inheritance questions.  These continue today, of course.