Bava Batra 277:1

והא תניא שמין את המחוברין ללוקח

Surely it was taught:<span class="x" onmousemove="('comment',' Tosef. Keth. VIII. ');">¹</span> the fruit attached [to the ground].<span class="x" onmousemove="('comment',' In a field that was sold by a son to whom his father had assigned it during his lifetime. ');">²</span> is valued<span class="x" onmousemove="('comment',' After the death of the father. ');">³</span>

אמר עולא לא קשיא כאן בבנו כאן באחר הואיל ודעתו של אדם קרובה אצל בנו:

for the buyer!<span class="x" onmousemove="('comment',' I.e., the buyer must pay the price, at which the fruit was valued, to the heirs. This proves that even attached fruit does not belong to him to whom the soil belongs but to the heirs. In the case, then, of our Mishnah also, attached fruit should belong to all the heirs. ');">⁴</span> — 'Ulla replied: There is no difficulty Here<span class="x" onmousemove="('comment',' In our Mishnah. ');">⁵</span> [the law deals] with one's [own] son;<span class="x" onmousemove="('comment',' Where the estate was assigned by a father to a son, and the latter did not sell it to another person. ');">⁶</span>

<big><strong>מתני׳</strong></big> הניח בנים גדולים וקטנים אין הגדולים מתפרנסין על ידי הקטנים ולא הקטנים נזונין על הגדולים אלא חולקין בשוה

there<span class="x" onmousemove="('comment',' Lit., 'here', i.e., the cited Tosefta of Kethuboth. ');">⁷</span> [it deals] with a stranger.<span class="x" onmousemove="('comment',' When the son had sold the estate to a stranger, or the father had assigned it to a stranger as a gift, reserving the usufruct for himself during his lifetime. ');">⁸</span> [In the former case, attached fruit belongs to the son] because a person is favourably disposed towards his son.<span class="x" onmousemove="('comment',' Hence he allows him not only the ground itself but also the fruit attached to it. ');">⁹</span>

נשאו הגדולים ישאו הקטנים ואם אמרו קטנים הרי אנו נושאין כדרך שנשאתם אתם אין שומעין להם אלא מה שנתן להם אביהם נתן

<b><i>MISHNAH</i></b>. [IF] ONE LEFT SONS<span class="x" onmousemove="('comment',' And did not provide in a will for the disposal of his estate. ');">¹⁰</span> [WHO WERE] OF AGE, AS WELL AS MINORS, THOSE WHO ARE OF AGE ARE NOT TO BE SUPPORTED<span class="x" onmousemove="('comment',' I.e., provided with clothing and the like. ');">¹¹</span> AT THE EXPENSE OF<span class="x" onmousemove="('comment',' Lit., 'through the hands of'. ');">¹²</span>

הניח בנות גדולות וקטנות אין הגדולות מתפרנסות על ידי הקטנות ולא הקטנות נזונות על הגדולות אלא חולקות בשוה

THE MINORS,<span class="x" onmousemove="('comment',' I.e., out of the general proceeds of the estate before it had been divided between the heirs. Sons who are of age require a greater allowance for their clothing than minors; and this they must provide out of their own shares. ');">¹³</span> NOR ARE THE MINORS TO BE FED AT THE EXPENSE OF<span class="x" onmousemove="('comment',' Lit., 'by'. ');">¹⁴</span> THOSE WHO ARE OF AGE,<span class="x" onmousemove="('comment',' Cf. n. 10, supra. Minors require less for clothing but more for food. ');">¹⁵</span>

נשאו גדולות ישאו קטנות ואם אמרו קטנות הרי אנו נושאות כדרך שנשאתם אתם אין שומעין להן

BUT ALL RECEIVE EQUAL SHARES] IN THE ENTIRE ESTATE].<span class="x" onmousemove="('comment',' I.e., before the estate has been divided, neither the minors, who require a greater allowance for food, nor those of age, who require more for their clothing, though less for their actual food, may draw for their extra requirements upon the common funds, which must be equally divided between all of them. ');">¹⁶</span> [IF] THOSE WHO WERE OF AGE MARRIED,<span class="x" onmousemove="('comment',' After their father's death, defraying the marriage expenses out of the undivided estate. ');">¹⁷</span> THE MINORS [ALSO] MAY TAKE [A SIMILAR SUM TOWARDS THEIR MARRIAGE EXPENSES].<span class="x" onmousemove="('comment',' Out of the common funds of the estate. ');">¹⁸</span>

זה חומר בבנות מבבנים שהבנות נזונות על הבנים ואין נזונות על הבנות:

IF THE MINORS, HOWEVER, CLAIMED,<span class="x" onmousemove="('comment',' After their father's death. ');">¹⁹</span> 'WE DESIRE TO TAKE AS MUCH AS YOU HAVE TAKEN',<span class="x" onmousemove="('comment',' I.e., if the minors wish to spend on their marriages, out of the general funds of the estate, as much as the older brothers had spent on their marriages during their father's lifetime. ');">²⁰</span> THEIR REQUEST IS DISREGARDED<span class="x" onmousemove="('comment',' Lit., 'they do not listen to them'. ');">²¹</span>

<big><strong>גמ׳</strong></big> אמר רבא האי גדול אחי דלבש ואיכסי מביתא מאי דעבד עבד

BUT WHAT THEIR FATHER HAD GIVEN THEM<span class="x" onmousemove="('comment',' To the older brothers during his lifetime. ');">²²</span> IS REGARDED AS A GIFT.<span class="x" onmousemove="('comment',' Lit., 'given'. ');">²³</span> [IF] ONE LEFT DAUGHTERS [WHO WERE] OF AGE, AS WELL AS MINORS THOSE WHO ARE OF AGE ARE NOT TO BE SUPPORTED<span class="x" onmousemove="('comment',' V. p. 588, n. 8. ');">²⁴</span>

והא אנן תנן אין הגדולים מתפרנסין על הקטנים מתני' בשרכא

AT THE EXPENSE<span class="x" onmousemove="('comment',' Loc. cit, n, 9. ');">²⁵</span> OF THE MINORS,<span class="x" onmousemove="('comment',' Loc. cit. n. 10. ');">²⁶</span> NOR ARE THE MINORS TO BE FED AT THE EXPENSE<span class="x" onmousemove="('comment',' Loc. cit. n. 11. ');">²⁷</span>

שרכא פשיטא מהו דתימא ניחא להו דלא נינוול קמ"ל:

OF THOSE WHO ARE OF AGE.<span class="x" onmousemove="('comment',' Loc. cit. n. 12. ');">²⁸</span> BUT ALL RECEIVE EQUAL SHARES [IN THE DISTRIBUTION OF THE ESTATE]. [IF] THOSE [WHO WERE] OF AGE MARRIED,<span class="x" onmousemove="('comment',' Loc. cit. n. 14. ');">²⁹</span> THE MINORS [ALSO] MAY TAKE [A SIMILAR SUM TOWARDS THEIR MARRIAGE EXPENSES].<span class="x" onmousemove="('comment',' Loc. cit. n. 15. ');">³⁰</span>

נשאו גדולים ישאו קטנים: מאי קאמר

IF THE MINORS, HOWEVER, CLAIMED,<span class="x" onmousemove="('comment',' Loc. cit. n. 16. ');">³¹</span> 'WE DESIRE TO TAKE AS MUCH AS YOU HAVE TAKEN',<span class="x" onmousemove="('comment',' Loc. cit. n. 17. ');">³²</span> THEIR REQUEST IS DISREGARDED.<span class="x" onmousemove="('comment',' Loc. cit. n. 1. ');">³³</span>

אמר רב יהודה הכי קאמר נשאו גדולים לאחר מיתת אביהן ישאו קטנים לאחר מיתת אביהן אבל נשאו גדולים בחיי אביהן ואמרו קטנים לאחר מיתת אביהן הרי אנו נושאין כדרך שנשאתם אתם אין שומעין להן אלא מה שנתן להן אביהן נתן:

IN THE FOLLOWING RESPECT<span class="x" onmousemove="('comment',' Lit., 'this'. ');">³⁴</span> DAUGHTERS<span class="x" onmousemove="('comment',' Who inherited their father's estate in the absence of sons. ');">³⁵</span> ARE OF GRATER IMPORTANCE THAN SONS.<span class="x" onmousemove="('comment',' Where there are born sons and daughters. ');">³⁶</span>

הניח בנות גדולות וקטנות: שלח ליה אבוה בר גניבא לרבא ילמדנו רבינו לוותה ואכלה ועמדה ונשאת בעל לוקח הוי או יורש הוי

FOR DAUGHTERS ARE FED AT THE EXPENSE OF THE SONS<span class="x" onmousemove="('comment',' in the case where the sons inherited a large estate, v. infra 139b. ');">³⁷</span> BUT NOT AT THE EXPENSE OF [OTHER] DAUGHTERS.<span class="x" onmousemove="('comment',' I.e., if older and younger daughters, in the absence of sons, inherited the estate, the latter are not to be fed from the general funds of the estate. ');">³⁸</span> <b><i>GEMARA</i></b>. Raba said: If<span class="x" onmousemove="('comment',' Lit., 'This'. ');">³⁹</span>

לוקח הוי ומלוה על פה אינו גובה מן הלקוחות או דלמא יורש הוי ומלוה על פה גובה מן היורשין

the eldest of the brothers<span class="x" onmousemove="('comment',' Who manages the estate. ');">⁴⁰</span> drew upon the general funds of the estate for his dress and outfit,<span class="x" onmousemove="('comment',' Lit., 'dressed and covered himself out of the house'. ');">⁴¹</span> his action cannot be disputed.<span class="x" onmousemove="('comment',' Lit., what he has done is done'. Though it is not proper for him to make personal expenses out of the common funds, the brothers cannot, after the amount had been spent, claim its return; since it is important for him, as the manager of the estate, to dress well. ');">⁴²</span>

אמר ליה תנינא נשאו גדולות ישאו קטנות מאי לאו נשאו גדולות לבעל ישאו קטנות מבעל

But surely, we learnt, THOSE WHO ARE OF AGE ARE NOT TO BE SUPPORTED AT THE EXPENSE OF THE MINORS! — Our Mishnah [refers] to [those who are] without a calling.<span class="x" onmousemove="('comment',' [H] (edd. [H]), 'a man at ease'; one who is not in any way engaged in the improvement of the estate or in the increase of its value. ');">⁴³</span> [In the case of] one without a calling, [is this not] obvious!<span class="x" onmousemove="('comment',' If he is of no use to the management or maintenance of the estate, what possible claim can he have upon the general funds in respect of his personal dress? ');">⁴⁴</span> — [Since] it might have been assumed that [the brothers] desire that he should not be disgraced<span class="x" onmousemove="('comment',' Through the wearing of unbecoming clothes, and would thus agree to beat the expense. ');">⁴⁵</span>

לא נשאו גדולות לבעל ישאו קטנות לבעל

it was necessary to teach us [that this is not so]. IF THOSE WHO WERE OF AGE MARRIED, THE MINORS ALSO MAY TAKE. What does this mean?<span class="x" onmousemove="('comment',' This, surely, seems to be in contradiction to the following clause, 'If the minors, however, claimed " we="" desire="" to="" take="" as="" much="" you="" have="" taken",="" their="" request="" is="" disregarded'.="" ');"="">⁴⁶</span> — Rab Judah replied, it is this that was meant: IF THOSE WHO WERE OF AGE HAD MARRIED after the death of their father, THE MINORS [ALSO] MAY TAKE<span class="x" onmousemove="('comment',' A similar sum towards their marriage expenses. ');">⁴⁷</span>

איני והא תני ר' חייא נשאו גדולות לבעל ישאו קטנות מבעל

after the death of their father; if, however, those who were of age had married during the lifetime of their father, and the MINORS after the death of their father, CLAIMED, 'WE DESIRE TO TAKE AS MUCH AS YOU HAVE TAKEN', THEIR REQUEST IS DISREGARDED BUT WHAT THEIR FATHER HAD GIVEN THEM IS REGARDED AS A LEGAL GIFT. [IF] ONE LEFT DAUGHTERS [WHO WERE] OF AGE, AS WELL AS MINORS. Abbuha b. Geniba sent to Raba: Will our Master teach us, [in the case of a woman who] took a loan and spent it, and thereupon<span class="x" onmousemove="('comment',' Lit., 'and ate it and stood up'. ');">⁴⁸</span> married,<span class="x" onmousemove="('comment',' And thus transferred all her possessions to her husband. ');">⁴⁹</span>

דלמא שאני פרנסה דאית לה קלא

[whether] the husband has [the legal] status of a buyer<span class="x" onmousemove="('comment',' Of the property brought to him by his wife. ');">⁵⁰</span> or that of an heir? Is he [regarded as] a buyer [and consequently he need not repay her debt] since a verbal loan cannot be collected from a buyer; or is he, perhaps, regarded as an heir, [who must pay her debt], since a verbal loan may be collected from heirs? — He replied to him: We have learned this in our Mishnah, [IF] THOSE [WHO WERE] OF AGE MARRIED, THE MINORS [ALSO] MAY TAKE; does not [this mean that] IF THOSE WHO WERE OF AGE [WERE] MARRIED to husbands, THE MINORS MAY TAKE [towards their marriage expenses] from the husbands?<span class="x" onmousemove="('comment',' Of the married sisters; which proves that the husbands are regarded as heirs, not as buyers. The claim of the minors is now assumed to have the same force as that of a verbal loan which cannot be collected from a buyer. ');">⁵¹</span> — No; [this may mean that] IF THOSE [WHO WERE] OF AGE [WERE] MARRIED to husbands, THE MINORS [ALSO] MAY TAKE<span class="x" onmousemove="('comment',' Out of the residue of the estate; not from their sisters' husbands who are regarded as buyers, not as heirs. ');">⁵²</span>

א"ל רב פפא לרבא לאו היינו דשלח רבין באגרתיה מי שמת והניח אלמנה ובת אלמנתו נזונת מנכסיו נשאת הבת אלמנתו נזונת מנכסיו מתה הבת אמר רב יהודה בן אחותו של ר' יוסי (בן) חנינא ע"י היה מעשה ואמרו אלמנתו נזונת מנכסיו

[a similar sum towards the expenses of their marriage] to husbands. [But] this is not [so];<span class="x" onmousemove="('comment',' I.e., the husbands cannot be regarded as buyers. ');">⁵³</span> for, surely, R. Hiyya taught: [If] those who were of age had married husbands,<span class="x" onmousemove="('comment',' V. p. 590. n. 5. ');">⁵⁴</span> the minors may take [their due] from [those] husbands!<span class="x" onmousemove="('comment',' Had these been regarded as buyers, the minors who have the status of a creditor of a verbal loan, could not have taken anything from them. ');">⁵⁵</span>

אי אמרת בשלמא יורש הוי משום הכי אלמנתו נזונת מנכסיו אלא אי אמרת לוקח הוי אמאי נזונת מנכסיו

— It is possible that maintenance<span class="x" onmousemove="('comment',' The right of the minors to be maintained out of their father's estate. ');">⁵⁶</span> is different,<span class="x" onmousemove="('comment',' From a verbal loan. ');">⁵⁷</span> since such [an obligation] is generally known.<span class="x" onmousemove="('comment',' Lit., 'it has a voice', i.e., people well know the fact that the deceased had left minors who are entirely dependent on his estate for their maintenance. Hence the husbands of the elder daughters are assumed to have known the fact. Consequently, the claim of the minors is not to be compared to that of a verbal loan but to one given under a written note of indebtedness, in which case it may be collected even from a buyer of the estate, v. infra 175a. ');">⁵⁸</span>

אמר אביי אי לאו דשלח רבין אנן לא ידעינן והא תנן אלו הן שאין חוזרין ביובל הבכורה

R. Papa said to Raba:<span class="x" onmousemove="('comment',' Who had attempted to prove above, from R. Hiyya's statement, that a husband is regarded as an heir. ');">⁵⁹</span> Is not this<span class="x" onmousemove="('comment',' That a husband has the status of an heir. ');">⁶⁰</span> the very [case] which Rabin had sent in his letter?<span class="x" onmousemove="('comment',' From Palestine to Babylon ');">⁶¹</span> If a person died, [he wrote], and left a widow and a daughter, his widow is to receive her maintenance out of his estate.<span class="x" onmousemove="('comment',' in accordance with his undertaking in the kethubah which is given to one's wife. ');">⁶²</span> [If] the daughter married,<span class="x" onmousemove="('comment',' And thus transferred the estate into her husband's possession. ');">⁶³</span> his widow is [still] to receive her maintenance out of his estate. [If] the daughter died?<span class="x" onmousemove="('comment',' And her husband inherited her possessions. ');">⁶⁴</span> Rab Judah, the son of the sister of R. Jose b. Hanina, said: I had [such] a case, and it was decided<span class="x" onmousemove="('comment',' Lit., 'they said'. ');">⁶⁵</span> [that] his widow is to receive her maintenance out of his estate. [Now,] if it be granted<span class="x" onmousemove="('comment',' Lit., 'you said'. ');">⁶⁶</span> that he<span class="x" onmousemove="('comment',' The husband of the daughter, and so every husband. ');">⁶⁷</span> is [regarded as] an heir,<span class="x" onmousemove="('comment',' Of the property that his wife had brought to him; even during her lifetime. ');">⁶⁸</span> it is quite correct that his widow should be maintained out of his<span class="x" onmousemove="('comment',' Her dead husband's, even if it passed into the possession of her daughter's husband. ');">⁶⁹</span> estate;<span class="x" onmousemove="('comment',' Since the amount required for the maintenance of a widow, may be collected from her husband's heirs. ');">⁷⁰</span> if, however, it is held<span class="x" onmousemove="('comment',' Lit., 'you said'. ');">⁶⁶</span> that he<span class="x" onmousemove="('comment',' The husband of the daughter, and so every husband. ');">⁶⁷</span> is [regarded as] a buyer, why should she be maintained out of his estate!<span class="x" onmousemove="('comment',' Surely a widow's maintenance cannot be collected from the buyers of her husband's property (Cf. Git. 48b) ');">⁷¹</span> Abaye said: Would we not have known [this]<span class="x" onmousemove="('comment',' That a husband is regarded as an heir. ');">⁷²</span> if Rabin had not sent [his letter]? Surely we learnt:<span class="x" onmousemove="('comment',' Bek. 52b. ');">⁷³</span> The following do not return in the Jubilee year:<span class="x" onmousemove="('comment',' When all landed property that has been sold returns to its original owner. V., Lev. XXV, 28, 31. ');">⁷⁴</span> The [portion of] the birthright,