Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 266:13

בא עליו שמאי במקלו ותרמילו א"ל שמאי אם אתה יכול להוציא את מה שמכרתי ומה שהקדשתי אתה יכול להוציא מה שהחזרתי

of inheritance even [if they be] from a bad son to a good son, much more [when they are] from a son to a daughter'.<span class="x" onmousemove="('comment',' Since Samuel's opinion (being that of an Amora) must be in agreement with one at least of the Tannaim, and since his opinion is clearly in direct contradiction to that of R. Simeon h. Gamaliel, it is obvious that Samuel must have had as his authority the view of the Rabbis (the authors of the first part of our Mishnah). Thus it follows that the Rabbis are in disagreement with R. Simeon b. Gamaliel in maintaining, like Samuel, that even a bad son must not he disinherited. ');"><sup>36</sup></span> Our Rabbis taught: Once it happened with a certain person whose sons did not conduct themselves in a proper manner [that] he took the definite step of assigning his estate, in writing,<span class="x" onmousemove="('comment',' Lit., 'he stood and wrote his estate'. ');"><sup>37</sup></span> to Jonathan b. Uzziel. What did Jonathan b. Uzziel do? — He sold a third,<span class="x" onmousemove="('comment',' The proceeds of which he retained for himself. ');"><sup>38</sup></span> consecrated a third, and returned a third to his<span class="x" onmousemove="('comment',' The testator's. ');"><sup>39</sup></span> sons. [Thereupon], Shammai came upon him with his staff and bag.<span class="x" onmousemove="('comment',' I.e., he objected vehemently to his return of the one third to the sons, maintaining that, though he did not say it explicitly, the deceased gave his estate to Jonathan for the express purpose of depriving his sons from any share in it; and since it was the duty of Jonathan to carry out the dead man's wishes, his gift of one third to the sons is invalid, and must be taken from them. ');"><sup>40</sup></span> He<span class="x" onmousemove="('comment',' Jonathan. ');"><sup>41</sup></span> said to him, 'Shammai! If you can take back what I have sold and what I have consecrated, you can [also] take back what I have returned;<span class="x" onmousemove="('comment',' To the sons. ');"><sup>42</sup></span>

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