ARE ATTACHED PEROS INCLUDED IN A GIFT? (cont.)
Question (Beriasa): (If the son sold the property and the father died,) we evaluate the attached Peros. The buyer (is entitled only to the land itself. He) must pay its value to the heirs.
Answer (Ula): In our Mishnah, the father gave the property to his son. He gives generously, and the son receives whatever is attached;
In the Beraisa, the son sold to a stranger. The buyer only gets the land itself.
THE HEIRS DIVIDE EQUALLY
(Mishnah): If a man died, and left big and small sons, the big sons do not receive extra money to buy clothing (which costs more than clothing for small sons), and the small sons do not receive extra money for their food (which costs more than food for big sons);
Rather, they divide the estate equally.
If the big sons married, the small sons also marry (this will be explained);
The small sons cannot say 'we will marry like you did';
What the father gave to the big sons was a gift.
If a man died, and left big and small daughters, the big daughters do not receive extra for clothing, and the small daughters do not receive extra for food. Rather, they divide equally.
If the big daughters married, the small daughters also marry;
The small daughters cannot say 'we will marry like you did'. What the father gave to the big daughters was a gift.
(Gemara - Rava): If the oldest brother (who deals on behalf of all the brothers) buys nice clothing from money of the estate, they do not get a corresponding amount of money (because he is more respected, they benefit from this).
Question (Mishnah): The big sons do not receive extra money to buy clothing!
Answer: That refers to sons who do not deal on behalf of the others.
Question: Obviously, he does not get extra for clothing!
Answer: One might have thought that in any case they allow him to buy nice clothing, to look proper. The Mishnah teaches that this is not so.
(Mishnah): If the big sons married...
Question: What does this mean?
Answer (Rav Yehudah): If the big sons married from the joint money of the estate (after the father died), the small sons also marry from the estate;
If the father married off the big sons, the small sons cannot say 'we will marry from the estate, like father did for you';
What the father spent to marry off the big sons was a gift.
RIGHTS OF A HUSBAND IN HIS WIFE'S PROPERTY
(Mishnah): If the big daughters married...
Question (Avuha bar Geneiva): If a woman borrowed money, consumed it and married, is the husband considered like a buyer (in his wife's property), or like an heir?
If he is like a buyer, a Milveh Al Peh (a loan without a document) cannot be collected from him;
If he is like an heir, a Milveh Al Peh is collected from him.
Answer #1 (Rava - Mishnah): If the big daughters married, the small daughters also marry.
This means that if a big daughter (borrowed from her small sisters, and) married David (and entered the marriage with money of the estate), the small daughters marry from David's property (he is like an heir, and he must pay the loan).
Rejection #1: No, the small daughters marry from money left in the estate.
Rejection (of rejection): R. Chiya taught that if a big daughter married David, the small daughters marry from David's property!
Rejection #2: Perhaps dowries are different. Since they are publicized, they are like loans with a document. (We cannot learn to a Milveh Al Peh.)
Answer #2 (Rav Papa): Ravin taught that if a man died, and left a widow and daughter, the widow is fed from the estate (this is a condition of the Kesuvah);
If the daughter married, (her husband uses the property, on condition that) the widow is still fed from it;
Rav Yehudah the nephew of R. Yosi bar Chanina says, a case occurred in which the daughter married and died. Chachamim said that (her husband gets the property, but) the widow is still fed from it.
We understand this if the husband is like an heir (she is normally fed from the estate after it fell to the heirs).
Question: If the husband is like a buyer, why is she fed? (She is not fed from sold property!)
Abaye: A Mishnah teaches Ravin's law!
(Mishnah): The following do not return in Yovel: the extra portion of the firstborn, and one who inherits his wife.
Objection (Rava): A different source teaches that the husband is like a buyer!
(R. Yosi bar Chanina): In Usha, they enacted that if a wife sold her Melug property, and she died, her husband takes the property from the buyer.
(We understand this if the husband is like one who bought the property at the time of marriage. He takes from the second buyer. However, if he is like an heir, why can he take from the buyer? He does not inherit until she dies, and she already sold it!)
Answer #3 (Rav Ashi): Sometimes Chachamim made the husband like an heir, and sometimes they made him like a buyer, whichever is better for him.
Regarding Yovel, he is like an heir, so he will keep the property;
Regarding the enactment of Usha, he is like a buyer, so he will not lose his wife's property (after he improved it);
Regarding feeding the widow, he is like an heir, so she will not lose (what she was promised in the Kesuvah).
Question: Why are we concerned for her loss, but not for the loss of buyers (regarding the enactment of Usha)?
Answer: There, the buyers caused their own loss. They should not have bought from a married woman.
DAUGHTERS ARE FED AND SONS INHERIT
(Mishnah): If a man died, and left sons and daughters, if there is much property (this will be explained), the sons inherit and the daughters are fed;
If there is little property, the daughters are fed and the sons beg for their food.
Admon says, why should I lose, just because I am a male?!
Raban Gamliel agrees with Admon.
(Gemara) Question: What is considered much property?
Answer #1 (Rav Yehudah citing Rav): It is enough to feed all the children for 12 months.
Answer #2 (Shmuel): This is the opinion of Raban Gamliel bar Rebbi, but Chachamim say, it is enough to feed all the children until Bagrus (when the girls mature, six months after adulthood).
Support (Ravin): Enough to feed all the children until Bagrus is called 'much'. Less than this is 'little'.