Bava Batra 157 - November 29, 28 Cheshvan episode artwork

EPISODE · Nov 29, 2024 · 46 MIN

Bava Batra 157 - November 29, 28 Cheshvan

from Daf Yomi for Women - Hadran

If a father and a son die at around the same time and it is unclear who died first and the son did not leave enough money to pay his wife's ketuba or a creditor, the wife/creditor and the father's heirs each bring a different claim. The father's heirs claim the son died first and they inherit all the father's money, leaving the son's estate with nothing to pay the wife/creditor. The wife or creditor claim that the father died first and the son inherited the father's property and his heirs can now pay what is owed. Beit Shamai ruled that they split the disputed property equally. Beit Hillel holds that the money remains in the hands of the father's heirs as ain safek motzi m'yedai vadai, meaning they have a definitive claim as they inherit the father and the creditor's claim is uncertain so we follow what is certain. Shmuel asked if one who borrowed money and added into the deed that the land from property that the borrower will acquire in the future is lined to the loan, is that effective even to those who hold that one cannot acquire items that have not yet come into this world? Several sources are brought to attempt to answer the question but each is rejected as either the case details are different or they can each be attributed to Rabbi Meir who holds that one can acquire items that are not in this world. A follow-up question is asked regarding one who took one loan and then another and then acquired more land - does one have more of a lien on that property than the other? 

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Bava Batra 157 - November 29, 28 Cheshvan

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