Responsa for Bava Batra 261:6
מאן שמעת ליה דאית ליה האי סברא ר' יוחנן בן ברוקה ושמע מינה אפי' בבריא
laid down by the court'.<span class="x" onmousemove="('comment',' This shows that the Mishnah is in accordance with the views of R. Johanan. Why, then, Rabbi was asked, did he adopt the view of an individual against the Rabbis who were in the majority? ');"><sup>14</sup></span> And Rabbi replied [to him]:<span class="x" onmousemove="('comment',' Keth. 55a. ');"><sup>15</sup></span> "We learnt: they shall take".<span class="x" onmousemove="('comment',' Not 'inherit', i.e., as a gift and not as an inheritance. That a father has the right to give his estate as a gift, to whomsoever he desires, is disputed by no one. ');"><sup>16</sup></span>
Teshuvot Maharam
Q. Before marrying his second wife, A stipulated, in the presence of witnesses, the following condition in his agreement with the sons of his first wife: The sons that will be born from the contemplated marriage shall share equally with the sons of his first marriage in the inheritance of his estate. Subsequently A married and his second wife bore him a daughter. Before his death A sought witnesses to attest to his will that his daughter should inherit part of his estate, but he was overtaken by sudden death. Are we to assume that in the agreement referred to above A intended to give to a daughter the status of a son?
A. The term "sons" when used in vows does not include daughters. Moreover, a person who has sons has no right to give his daughter the status of an heir. Therefore, A's daughter is not entitled to the share of an heir in A's estate.
SOURCES: L. 236; Mord. B. B. 603; Agudah B. B. 190; cf. Sinai IV (1941) 10, no. 88.
A. The term "sons" when used in vows does not include daughters. Moreover, a person who has sons has no right to give his daughter the status of an heir. Therefore, A's daughter is not entitled to the share of an heir in A's estate.
SOURCES: L. 236; Mord. B. B. 603; Agudah B. B. 190; cf. Sinai IV (1941) 10, no. 88.
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