Bava Batra 140: How Sons, Daughters, and Tumtum Children Inherit and are Sustained After Parents Have Died

The rabbis determine how to allocate food to their sons and daughters through inheritance.  Rava suggests that we put aside money that will feed the daughters until they reach bagrut, the stage of life when they will be married off and provided for by their husbands' families.  The boys are fed by the rest.  Other rabbis suggest other ways of ensuring that all inheritors are fed.  Property might lose or gain in value.  Does the profit go to the heirs?  Or does inheritance not apply - and so everyone receives what should be theirs at the time of the parent's death?  In this last case, the girls would keep the excess profits above and beyond what they consume.  If the boys sold a small property, the sale would stand. This would be proof of their inheritance.

The rabbis wonder whether or not the cost of feeding the widow is entered into the calculation when the estate is divided.  Because she may remarry, she would not need to be sustained.  And what if this widow had a daughter whom the deceased husband had agreed to sustain?  And what about creditors - would they enter the calculation?  And whose needs would take precedence if there was not enough food/money to meet everyone's needs?  Rabbi Avahu suggests that this situation is like daughters and sons who have not inherited enough: the daughters are fed and the sons beg.  Similarly, the widow is fed and the daughter begs.

The Mishna has told us that Admon wonders why should he lose out just because he is male and must learn Torah?  Why should he lose out when there is not enough property?  This reminds me of men's rights groups which promote male equality.  These groups focus on how men, who often have vast advantages over women, should continue to have every advantage when they might have to share what they have been given.

A new Mishna teaches that if a man died and left sons, daughters and a tumtum, one who's sex is not determinable because the genitals are covered, the tumtum does not inherit when there is a lot of property.  The boys say that the tumtum should be like the girls.  If there is only a small property, the tumtum is not fed with the girls.  The girls say that the tumtum should be with the boys.  If a Levi said that his male child should receive 100 zuz, his request is granted.  If he says that a female infant should receive 200 zuz, his request is granted.  If he requests that twins should receive these same amounts, his requests are granted.  However, if his wife gives birth to a tumtum, what does the child receive?  Nothing?  Why shouldn't any baby receive such a gift?  The Mishna then states that a tumtum inherits if there are no other children who could be heirs.

The Gemara walks through these possibilities.  The tumtum might be fed like a girl, and boys might force the tumtum to be with the girls, but the tumtum does not truly fit with the daughters.  A Mishna states that an animal was about to give birth for the first time.  Its owner promised it as an burnt offering offering if it was male.  If it was female, he promised that it would be a peace offering.  If it was a tumtum or an androgynos, then it would not be an offering at all.

Does a tumtum inherit like a son?  Does a tumtum get fed like a daughter?  Are there certain circumstances, like whether or not there is a large or small property to inherit, that would determine a tumtum's inheritance or sustenance?  And do these things actually happen, whether or not they are supposed to happen?