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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 116

1) ONE WHO DIES WITHOUT SONS

(a) (R. Yitzchak): "Yerushas Peleitah l'Vinyamin v'Lo Yimacheh Shevet mi'Yisrael" - this teaches that they stipulated that regarding Binyamin (when there were very few men left after the war) a daughter of a son will not inherit with the brothers (lest she marry into a different tribe, and a large portion of Binyamin's inheritance will go to other tribes).
(b) (R. Yochanan): Hash-m hates one who dies without a son to inherit him;
1. It says "*V'Ha'avartem* Es Nachalso l'Vito", a similar language to "Yom *Evrah*".
(c) (R. Yochanan or R. Yehoshua ben Levi): "Asher Ein Chalifos Lamo v'Lo Yar'u Elokim" - this is one who dies without a son;
(d) (The other of R. Yochanan and R. Yehoshua ben Levi): This is one who dies without a Talmid.
(e) Surely, R. Yochanan said the latter, for he would say (to console mourners) 'This is a tooth from my tenth son' (all died in his lifetime - he would not say this if he said that such a person does not fear Hash-m).
(f) Question: If so, R. Yehoshua ben Levi must have said the former;
1. But R. Yehoshua ben Levi would only (interrupt learning) go to a house of mourning for one who died without a son;
2. Surely, he does not say that such a person does not fear Hash-m - he must say, the verse discusses one who dies without a Talmid, and R. Yochanan says it discusses one who dies without a son;
3. But R. Yochanan publicized about himself that he lost all his sons!
(g) Answer: R. Yochanan also holds that the verse discusses one who dies without a Talmid;
1. R. Yochanan said in his Rebbi's name that it refers to one who dies without a son.
(h) Question (R. Pinchus ben Chama): "Ki Shachav David...v'Chi Mes Yo'av" - why does it say that David *lied* (with his fathers), and that Yo'av *died*?
(i) Answer (R. Pinchus): David left a son, so it says that he lied, Yo'av left no son, so it says that he died.
(j) Question: But Yo'av left a son - "Mi'Benei Yo'av Ovadyah..."!
(k) Correction: Rather, David left a son like himself, Yo'av did not leave a son like himself.
(l) (R. Pinchus ben Chama): Poverty in a man's house in worse than 50 plagues - "Yad Eloka Nag'ah Bi" (the 10 Makos in Mitzrayim are called the finger of Hash-m, so the hand is like 50), and Iyov's friends answered "Zeh Bacharta me'Oni".
(m) (R. Pinchus ben Chama): If a man has a sick person in his house, he should ask a Chacham to pray for him - "V'Ish Chacham Yechaperenah".
2) THE ORDER OF INHERITANCE
(a) (Mishnah): The general rule is: whoever has precedence to inherit, all his descendants have precedence; a father precedes his own descendants.
(b) Question (Rami bar Chama): Who has precedence to inherit a man (Esav), his paternal grandfather (Avraham) or his paternal uncle (Yishmael)?
(c) Answer (Rava - Mishnah): A father precedes his own descendants.
116b---------------------------------------116b

1. Rami bar Chama was distracted by another question, therefore he did not realize that the Mishnah answers this question.
(d) Question (Rami bar Chama): Who has precedence to inherit a man (Esav), his paternal grandfather (Avraham) or his brother (Yakov)?
(e) Answer (Rava - Mishnah): A father precedes his own descendants.
(f) Rami bar Chama does not consider this conclusive - perhaps it means, a father precedes his own children, but not his children's children.
(g) Support (for the latter understanding - Mishnah): The general rule is: whoever has precedence to inherit, all his descendants have precedence;
1. If the father (Yitzchak) was alive, he would inherit before Avraham - therefore, if Yitzchak is dead, his son (Yakov) inherits before Avraham.
3) TZELOFCHAD'S DAUGHTERS
(a) (Mishnah): Tzelofchad's daughters received three portions of Eretz Yisrael as an inheritance: the portion of Tzelofchad, who left Mitzrayim; Tzelafchod's share of Chefer's (his father) portion; and Tzelofchad's extra share of his father's portion, for he was a firstborn.
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