Bava Batra 279

שקלי להו בנות לכולהו אלא אמר רבא מוציאין להן מזונות לבנות עד שיבגרו והשאר לבנים

would the daughters receive all of it!<span class="x" onmousemove="('comment',' Since such an estate is considered 'small', the sons, according to our Mishnah, would receive nothing. Should, then, the daughters get the surplus over and above the amount required for their maintenance ');">¹</span> — But, said Raba, [the amount, required for] the maintenance of the daughters until they reach their majority is drawn [from the estate] and the balance is given to the sons. [It is] obvious [that, if the estate was] large<span class="x" onmousemove="('comment',' At the time the father died. ');">²</span> and it depreciated,<span class="x" onmousemove="('comment',' Lit. 'became less', i.e., the estate had been damaged, or the cost of living had risen, so that the income does not suffice for the maintenance of the daughters. ');">³</span>

פשיטא מרובין ונתמעטו כבר זכו בהן יורשין מועטין ונתרבו מאי ברשות יורשין קיימי הלכך ברשות יורשין שבוח או דלמא סלוקי מסלקי יורשין מהכא

the heirs have already acquired ownership thereof.<span class="x" onmousemove="('comment',' As soon as the death of their father took place, the estate passed over into their possession. Hence, the daughters acquired their share for maintenance and the sons the residue. Any loss, therefore is to be shared by both the sons and the daughters, in equal proportions. ');">⁴</span> What [is the law, however, if the estate was] small<span class="x" onmousemove="('comment',' And was, consequently, reserved entirely for the maintenance of the daughters ');">⁵</span> and it appreciated;<span class="x" onmousemove="('comment',' Lit., 'became large', i.e., the estate was bringing in a higher income, or the cost of maintenance fell. ');">⁶</span> does it remain in the possession of the heirs<span class="x" onmousemove="('comment',' The sons. ');">⁷</span>

תא שמע דאמר רבי אסי אמר רבי יוחנן יתומין שקדמו ומכרו בנכסים מועטין מה שמכרו מכרו

and, consequently, has appreciated in their possession<span class="x" onmousemove="('comment',' Hence the sons should receive any surplus above the amount required for the daughter's maintenance. ');">⁸</span> or are the heirs,<span class="x" onmousemove="('comment',' The sons. ');">⁷</span> perhaps, entirely disregarded here?<span class="x" onmousemove="('comment',' Lit., 'removed from here.' And all the benefits of the appreciation goes to the daughters. ');">⁹</span> — Come and hear: R. Assi said in the name of R. Johanan [that] if orphans anticipated [the daughters] and sold the estate where it was small,<span class="x" onmousemove="('comment',' Lit., 'in possessions that were few.' Before the court heard the claim of the daughters. ');">¹⁰</span>

יתיב רבי ירמיה קמיה דרבי אבהו וקא בעי מיניה אלמנתו מהו שתמעט בנכסים מי אמרינן כיון דאית לה מזוני ממעטא או דלמא כיון דאילו מנסבא לית לה השתא נמי לית לה

their sale is valid.<span class="x" onmousemove="('comment',' And the sold property cannot be seized for the daughters maintenance. This proves that the estate remains in the possession of the sons. Hence, in case of appreciation, the surplus belongs to them. ');">¹¹</span> R. Jeremiah sat before R. Abbahu, when he addressed to him [the following question].. Does one's widow,<span class="x" onmousemove="('comment',' Who is entitled to receive maintenance from the estate during her widowhood. ');">¹²</span> reduce [the value of] an estate?<span class="x" onmousemove="('comment',' I.e., is the amount due to the widow for her maintenance deducted from the value of the estate which is thus reduced from a 'larger', to a 'smaller' estate, from which, if it just suffices for the maintenance of the daughters, the sons will receive nothing. ');">¹³</span> Do we assume [that] since she receives<span class="x" onmousemove="('comment',' Lit., 'she has'. ');">¹⁴</span>

אם תמצא לומר כיון דאילו מנסבא לית לה השתא נמי לית לה בת אשתו מהו שתמעט בנכסים מי אמרינן כיון דכי מנסבא נמי אית לה וממעטא או דלמא כיון דאילו מתה לית לה ולא ממעטא

maintenance she [thereby] reduces [its value]; or perhaps, since she would receive none<span class="x" onmousemove="('comment',' Lit., 'she has not'. As soon as a widow re-marries she loses the right of receiving her maintenance from her dead husband's estate. ');">¹⁵</span> if she married [she is regarded as if] she has none even now?<span class="x" onmousemove="('comment',' And the estate is to be given to the sons who would provide for the maintenance of the daughters and the widow until she re-marries. ');">¹⁶</span> If you would find [some reason] for saying [that] since she would receive none if she married [she is regarded as if] she has none even now, [the question arises] whether his wife's daughter<span class="x" onmousemove="('comment',' A step-daughter of the deceased who, at the time of his marriage to her mother, had undertaken to maintain her for a period of years. Now that he died before that period elapsed it is the duty of his sons to provide for her maintenance out of the estate of their father. ');">¹⁷</span> reduces [the value of] the estate?<span class="x" onmousemove="('comment',' Cf. p. 595. n. 3. ');">¹⁸</span>

ואם תמצא לומר כיון דאילו מתה לית לה ולא ממעטא בע"ח מהו שימעט בנכסים מי אמרינן כיון דכי מיית נמי אית ליה ממעט או דלמא כיון דמחסרי גוביינא לא ממעט

Do we say [that] since she would receive [her maintenance] even if she married, she does reduce [the value of the estate]; or, perhaps, since she would receive none if she died,<span class="x" onmousemove="('comment',' I.e., neither she nor her heirs. ');">¹⁹</span> she does not reduce [its value]? And if you would find [some ground] for saying that since she would receive nothing if she died, she does not reduce [its value], [the question arises] whether a creditor<span class="x" onmousemove="('comment',' of the deceased. ');">²⁰</span> reduces the [value of the] estate.<span class="x" onmousemove="('comment',' If it suffices only for the payment of the debt and the maintenance of the daughters. ');">²¹</span> Do we say that he reduces [its value] since he<span class="x" onmousemove="('comment',' I.e., his heirs. ');">²²</span>

ואיכא דבעי לה לאידך גיסא בע"ח מהו שימעט בנכסים

would receive [his debt] even If he died,<span class="x" onmousemove="('comment',' And consequently the sons of the deceased debtor would receive nothing, (v. note 5). ');">²³</span> or perhaps, he does not reduce [it] since the debt still requires collecting?<span class="x" onmousemove="('comment',' And before collection the estate not only suffices for the maintenance the daughters but leaves also a surplus for the sons. ');">²⁴</span> (Others<span class="x" onmousemove="('comment',' Lit., 'and there are'. ');">²⁵</span> [report that he] put the questions in the reverse order:<span class="x" onmousemove="('comment',' Lit., 'towards the other side'. ');">²⁶</span> Does a creditor reduce [the value of] the estate?