Mesorat%20hashas for Bava Batra 263:5

טעמא דיצא עליו שטר חוב הא לא יצא עליו שטר חוב קניא ובמאי אילימא בשכ"מ והא אמרת לא עשאה אלא אפוטרופוס אלא לאו בבריא

and forfeits both.<span class="x" onmousemove="('comment',' Lit., 'and she becomes bald on both sides (from here and from here)'. ');">¹⁶</span> And R. Judah the baker related: [Such] a case once happened with the daughter of my sister [who was] a bride,<span class="x" onmousemove="('comment',' The bridegroom gave her a kethubah on their betrothal, and, prior to his death, having incurred a debt, presented her with all his estate. ');">¹⁷</span> and [when] the matter was brought before the Sages they decided [that] she must tear up her <i>kethubah</i>, remain with the claims of her gift and forfeit both. [Front this Baraitha it follows that] the reason [why the widow forfeits her claims is] that a bond of indebtedness bad been produced against [her husband] but had no such bond been produced she would have acquired possession [of the entire estate]. Now, with what [kind of testator is the Baraitha concerned]? If it be suggested [that it deals] with a dying man, surely, [it may be pointed out,] it has been said that [a person in such a condition] merely appointed her administratrix! [Must it] not, then, [be concluded that the Baraitha deals] with a person in good health?<span class="x" onmousemove="('comment',' Thus it has been proved that in the case of a person in good health the presentation by him of his entire estate to his wife confers upon her the full rights of possession and not merely those of an administratrix. Consequently (in answer to Raba's enquiry), Samuel's law must refer to the case of a dying man only. ');">¹⁸</span> — [No; the Baraitha cited may] really [be concerned] with a dying man but<span class="x" onmousemove="('comment',' As to the objection that in such a case it has been said that the widow is merely appointed administratrix. ');">¹⁹</span>

Explore mesorat%20hashas for Bava Batra 263:5. In-depth commentary and analysis from classical Jewish sources.