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|BAVA BASRA 140 (17 Sivan) - Today's Daf is dedicated to the memory of Moshe Grun (Moshe Shlomo ben Michael) by his friend, Seymour, in Jerusalem.|
1. Rava explains the opinion that says that if the estate has enough to support all sons and daughters until they reach adulthood, it is "a large amount."
2. If the estate was "a large amount" when the father died, and then it lost value and became "a small amount," it still has the status of a large amount.
3. The Gemara is in doubt about the law of a small estate at the time of death which rose in value.
4. If a person says on his deathbed, "If my wife gives birth to a boy, he should receive 100," his words are valid.
5. However, if a person says this (#4) and his wife gives birth to a Tumtum, he receives nothing.
A BIT MORE
1. This implies that if the estate contains slightly less than this, it is called "a small amount," and the daughters are to be supported from the estate while the boys must seek charity! Rava explains that the correct explanation of this opinion is that the boys receive as an inheritance whatever is left after the amount needed to support the girls, and after this amount runs out they must collect charity.
2. Since the inheritance takes effect when the father dies, and it just needs to be divided in practice, the heirs have already inherited a large amount.
3. Do we say that since the inheritance at death is deemed to be small, the boys -- who receive the rest of what is left after the girls can support themselves -- receive the improved value of the estate as well?
4. This Halachah would also apply to a healthy person who makes a Kinyan to this effect.
5. A Tumtum (a child whose gender is not clear) inherits his father when there are no other children present.
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