Daf Yomi for Women – דף יומי לנשים

According to the mishna, Does a tumtum get the lower amount (like the girls in a case where there is a lot of money and like the boys in the case where there is little money) or does he not receive anything at all?  Why in the case in the mishna does the husband commit 200 if a girl is born and 100 if a boy is born – aren’t boys more preferred than girls?  Three possible answers are brought.  Two tannaitic sources are brought with cases similar to the ones in our mishna but without enough details so the gemara establishes the details of the cases discussed.  A man on his deathbed gave all of his property to his unborn baby.  Rav Huna says this doesn’t work because a fetus can’t acquire items.  Rav Nachman questions him from our mishna where all the cases were giving a gift to a fetus.  Rav Huna rejects the mishna and says he doesn’t know who the author is.  The gemara then questions why Rav Huna couldn’t have given a different answer.  It raises seven possibilities but then rejects them all.

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In what way can one not accept a gift if one didn’t immediately say, “I don’t want it.”  Different wordings of statements made on one’s deathbed are discussed and analyzed as to the exact intent of the person.  The cases are concerning a gift given to one who anyway was “owed” money by the person – was the intent that the gift was in addition or in place of what was owed.  Different situations are brought.  If on one’s deathbed one says that someone owes him/her money, can witnesses document the statement without verifying?  Are we concerned the court will act upon it without checking into it (therefore the witnesses can’t write it) or do we assume the court will do their homework (and therefore the witnesses can write it).   If one left older and younger children, all get equal even if it means that some got married in the father’s lifetime and therefore got more money for the wedding.  Can younger daughters demand dowry money from the husband of one the sisters who got married earlier if they used some of the joint inheritance money for their dowry.  If a woman borrows money without a document and then gets married – since her husband has rights to her money, is he considered a “buyer” in which case, the creditor can’t collect thew loan or is he considered an inheritor and the loan can be collected.  The gemara brings various cases which indicate both ways to which the gemara explains that it depends on the situation – whatever is in the best interest of the husband or if there is some other important consideration (providing for a widow).

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What wording must be used to designate one’s property to others in his lifetime when he is healthy?  What is the status of the property in the interim? Can the son or father sell their rights to their share?  If the son sells his rights and he predeceases the father, does the buyer acquire the property upon the death of the father or does it revert to the father’s heirs?

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Is it OK to bypass one’s son’s inheritance?  Does it make a difference if the son does not behave appropriately either toward God or toward the father?  Yosef ben Yoezer bypassed his son and a story is told about the aftermath.  However the story is inconclusive regarding this question.  Another story is told of one who bypassed his sons and passed his inheritance to Yonatan ben Uziel who in turn returned a third of it to the sons.  Shamai attacks him for doing it but he proves to Shamai that he was correct.  It is unclear from the details of the story whether the father was hoping Yonatan would give his sons something or not.  The greatness of the students of Hillel the Elder are brought as Yonatan ben Uziel was the greatest among them.  Is one believed for the purposes of inheritance and levirate (yibum) marriage to say that one has a son or a brother (if there are no brothers, there is no obligation of levirate marriage)?

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Rava wants to know if Rabbi Yochanan ben Broka’s allowance for the father to favor one child over the others is only when one says so on one’s deathbed or even when healthy.  A proof is brought from a tannaitic source where Rabbi Natan the Babylonian question Rabbi Yehuda Hanasi about his Mishna following only Rabbi Yochanan ben Broka.   Since the case related to a healthy person, it is clear Rabbi Yochanan ben Broka held his opinion also for a healthy person.  There is a further discussion regarding the content of the braita and question why Rabbi Yehuda Hanasi specifically answered the way he did and didn’t suggest a different answer.  If one writes that one is selling all of his possessions to his wife or to his oldest son or to his youngest son or to some random person, is this viewed as an actual gift that would affect a kinyan to that person or is there an assumption that can be made that the man wants to appoint them as an executor of his will and wants the others to respect them and therefore wrote it in that way?  And if that is assumed to be appointing them as an executor, would that be the case only on one’s deathbed or even earlier in their lifetime?  An attempt to answer this question is brought from a tannaitic source.

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