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|BAVA BASRA 112 (18 Iyar, Lag b'Omer) - dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben HaGaon Rav Yisrael Avraham Aba), zt"l, who passed away on Lag ba'Omer 5763. Benny Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.|
1. The Gemara discusses the opinion that a husband inherits his wife even without any source in the Torah explicitly saying so.
2. This (#1) is the opinion of Rebbi Yishmael, unlike the opinion of Rebbi Akiva who says that this is derived from the verse.
3. The Gemara quotes opinions that reject Rebbi Yishmael's proofs that a husband inherits his wife.
4. A righteous person would make sure that his family owned his grave forever.
5. The Gemara concludes that the dispute about Rebbi Yishmael's proof is an argument between two Beraisos.
A BIT MORE
1. Rebbi Yishmael brings many proofs that the context of the verses indicate that a husband inherits his wife. For example, the Torah was concerned that the portions of one tribe would go to another tribe, which clearly indicates that a daughter inherits her father, and her husband, from a different tribe, inherits that portion from her.
2. He understands that this is derived from the verse "his relative," as explained earlier (Daf 111).
3. Those opinions say that when the Torah is concerned about inheritance going to another tribe (i.e., Bnos Tzelafchad), the concern is not that a woman would bring her inheritance into the marriage and her husband would inherit it, but rather that her son would inherit it (and he is from the tribe of his father, not his mother).
4. It is clear that a righteous person would not want to be buried in a field that is someone else's inheritance in Eretz Yisrael, even if he (or his relatives) bought the field. This is because the law is that such a field (known as a Sedeh Achuzah) goes back to the possession of the original owners at Yovel, and thus he would be buried in a field that is not his.
5. Both Beraisos discuss both possibilities. One concludes that the Torah is concerned about the husband inheriting his wife, and the other concludes that the Torah is concerned about the son inheriting his mother.
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