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Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 158
1) A DOUBT ABOUT WHO DIED FIRST
(a) (Mishnah - Beis Shamai): A house fell on Reuven and his
wife. Reuven's heirs say that she died first (so Reuven
inherited all her property); her heirs say that he died
first (so they inherit all her property and her Kesuvah).
They divide the disputed amount.
(b) Beis Hillel say, we leave the property (Tzon Barzel, i.e.
property she brought into the marriage and he accepted to
return its initial value (if and when she collects her
Kesuvah)) in its Chazakah (this will be explained);
1. His heirs are Muchzak in the Kesuvah, her heirs are
Muchzak in the property (Melug) that she brought
into the marriage and gets back (with her Kesuvah)
without compensation.
158b---------------------------------------158b
(c) (Gemara) Question: Who is Muchzak in the Tzon Barzel?
(d) Answer #1 (R. Yochanan): His heirs are Muchzak.
(e) Answer #2 (R. Elazar): Her heirs are Muchzak.
(f) Answer #3 (Reish Lakish): The heirs of both divide it.
1. (Bar Kapara): Since both have a claim to inherit,
they divide it.
(g) (Mishnah): A house fell on Reuven and his mother (we do
not know who died first; if she died first, he inherited
her). Beis Shamai and Beis Hillel agree that his heirs
divide her property with her heirs;
(h) R. Akiva says, here also, Beis Hillel say that we leave
the property in its Chazakah (this will be explained).
(i) Ben Azai: It is bad enough that they argue in the
previous Mishnah, must you make an argument here also?!
(j) (Gemara) Question: Who is Muchzak in her property?
(k) Answer #1 (R. Ila): Her heirs are Muchzak.
(l) Answer #2 (R. Zeira): His heirs are Muchzak.
(m) When R. Zeira went to Eretz Yisrael, he retracted, and
held like R. Ila.
1. R. Zeira: This shows that the air of Eretz Yisrael
makes one wise.
(n) Question: What is R. Ila's reason?
(o) Answer (Abaye): The property is Muchzak in her tribe.
(p) #3 (Reish Lakish): The heirs of both divide it.
(q) (Mishnah - Ben Azai): It is bad enough that they argue in
the previous Mishnah, must you make an argument here
also?!
(r) (R. Simla'i): Since he said 'you' (and not 'Rabbeinu'),
we learn from this that Ben Azai was a Talmid (who later
became a) Chaver of R. Akiva.
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