Bava Batra 287

אודייני השכר לאמצע והא אודייני דמחמת עצמו [הוא] שאני אודייני דלנטירותא הוא דעבידא ואפילו קטנים נמי מצו מנטרי לה:

a covered cistern<span class="x" onmousemove="('comment',' Heb. [H], 'a cistern and its cover' (Rashb. and R. Gersh.): a sprinkling business' (Jast.): 'a watchman's post' (R. Tam in Tosaf.. [For a full discussion of the term, v. Krauss, T.A. I, 273f, and III, 361] ');">¹</span> the proceeds<span class="x" onmousemove="('comment',' Out of the sale of its water. ');">²</span> are to be equally divided'; but [the proceeds of] a covered cistern [are surely] due to [the elder brothers] themselves!<span class="x" onmousemove="('comment',' Since no expenses for its upkeep and protection are drawn out of the funds of the estate. And yet it is stated that the proceeds are to be equally divided. How then, could Raba say that if the improvement was at the expense of the elder brothers all the profits belong to them only? ');">³</span>

אמרו ראו מה שהניח אבא הרי אנו עושין ואוכלין השביחו לעצמן: רב ספרא שבק אבוה זוזי שקלינהו עבד בהו עיסקא אתו אחי תבעוהו בדינא קמיה דרבא אמר להו רב ספרא גברא רבה הוא לא שביק גירסיה וטרח לאחריני:

— A covered cistern is different, since It [only] requires watching<span class="x" onmousemove="('comment',' Lit., 'was made for watching', i.e., no expenses are involved. and all the elder brothers have to do is to watch that no water is stolen from it. ');">⁴</span> and even minors can keep a watch over it. THEY SAID, 'SEE WHAT [OUR] FATHER HAS LEFT; WE DESIRE TO CULTIVATE [OUR OWN SHARES] AND TO ENJOY THE PROFITS'. THE PROCEEDS BELONG TO THEM. R. Safra's father left [some] money. He took it [and] carried on with it a business. [Then] came his brothers and sued him before Raba.<span class="x" onmousemove="('comment',' Demanding a share in the profits. ');">⁵</span>

האשה שהשביחה את הנכסים השביחה לאמצע: אשה בנכסי יתמי מאי עבידתה אמר רבי ירמיה באשה יורשת

He said to them. 'R. Safra is a great man; he [is] not [expected to] leave his studies in order to toil for others'.<span class="x" onmousemove="('comment',' When an elder brother is an important person, he is entitled to all the profits which are due to his efforts. even though he did not first make the proper declaration that he desired the estate to be divided and that he intended keeping to himself any profits he would make. ');">⁶</span> [WHERE] THE WIFE HAD EFFECTED IMPROVEMENTS IN THE ESTATE. SHE IMPROVED IT FOR THE COMMON GOOD — What has a wife to do with the property of orphans?<span class="x" onmousemove="('comment',' She either receives the amount of her kethubah(v. Glos.) after which she has no more claim upon the estate: or she looks after the property of the orphans in return for her maintenance. How, then, could she claim any profits resulting from improvements in the estate. ');">⁷</span> — R. Jeremiah replied: [The Mishnah speaks] of a wife [who is] an heiress.<span class="x" onmousemove="('comment',' In the case, e.g.. where the deceased gave instructions that the widow shall be co-heir with his sons (Rashb.). ');">⁸</span>

פשיטא מהו דתימא כיון דלאו דרכה למטרח אף על גב דלא פריש כמו דפריש דמי קמשמע לן:

[Is this not] obvious?<span class="x" onmousemove="('comment',' Why was it necessary for our Mishnah to restate it in the case of a widow, seeing that the law had already been stated in regard to brothers. ');">⁹</span> — It might have been assumed [that] since it is not usual for her to look after an orphan's estate<span class="x" onmousemove="('comment',' Lit., 'to take the trouble'. ');">¹⁰</span> [she is entitled to all the profits], even where she did not [first] make a specific declaration,<span class="x" onmousemove="('comment',' Lit., 'specified'; that she desired the estate to be divided and that she intended to make the improvements in her interests alone. ');">¹¹</span>

ואם אמרה ראו מה שהניח לי בעלי הריני עושה ואוכלת השביחה לעצמה: פשיטא מהו דתימא כיון דשביחא לה מילתא דאמרי קא טרחא קמי יתמי אחולי אחלה קא משמע לן

as if she had [actually] made [it], hence it [was necessary to] teach us [that this is not so]. IF [HOWEVER] SHE SAID,' SEE WHAT MY HUSBAND HAS LEFT ME; I DESIRE TO CULTIVATE [MY SHARE] AND TO ENJOY THE BENEFITS.' THE PROCEEDS BELONG TO HER. [Is not this] obvious? It might have been assumed [that] since it is creditable to her when people say that she works for the orphans. she might [consequently] forego her claims,<span class="x" onmousemove="('comment',' Even though she first declared that she would work in her interests alone. ');">¹²</span> hence it [was necessary to] teach us [that this is not so].

אמר רבי חנינא המשיא אשה לבנו גדול בבית קנאו ודוקא גדול ודוקא בתולה ודוקא אשתו ראשונה ודוקא שהשיאו ראשון

R. Hanina said: If a person marries his adult son in a house [of his], he<span class="x" onmousemove="('comment',' The son. ');">¹³</span> acquires its ownership. But this only [in the case of] one [who is] of age, and only [where he married] a virgin, and only [when she is] his first wife, and only — where he is the first [son] whom he married.<span class="x" onmousemove="('comment',' In such cases the father's joy is so great that he willingly and wholeheartedly gives away the house to his son. ');">¹⁴</span> It is obvious [that] where his father had set aside for him<span class="x" onmousemove="('comment',' His son: on the occasion of his marriage. ');">¹⁵</span>

פשיטא ייחד לו אביו בית ועלייה בית קנה עלייה לא קנה בית ואכסדרה מהו שני בתים זה לפנים מזה מהו תיקו

a house and [there is] an upper story [thereon], [the latter] acquired the ownership of the house [but] not [of] the upper story. What [is, however, the law in the case of] a house and an <i>exedra</i>?<span class="x" onmousemove="('comment',' V. Glos. ');">¹⁶</span> [Or in the case of] two houses one within the other? — This is undecided. An objection was raised: [If] his father had set aside for him a house and [it contains] furniture, he acquires possession of the furniture [but] not of the house! — R. Jeremiah replied: [This refers to a case] where, for instance, his father's store[s] were kept there.<span class="x" onmousemove="('comment',' Since he requires it for his own purposes he would not transfer its ownership to his son. ');">¹⁷</span>

מיתיבי ייחד לו אביו בית וכלי בית כלי בית קנה בית לא קנה אמר רבי ירמיה כגון שהיה אוצרו של אביו מונח שם נהרדעי אמרי אפילו שובכא דיוני רב יהודה ורב פפי אמרי אפילו עציצא דהרסנא מר זוטרא אנסביה לבריה ותלא ליה סנדלא רב אשי נסביה לבריה ותלא ליה אשישא דמשחא

The Nehardeans say': Even [if only) a dove-cote.<span class="x" onmousemove="('comment',' Of the father is kept in the house, the son does not acquire ownership of the house. ');">¹⁸</span> R. Judah and R. Papi say: Even [if only] a pot of fish-hash.<span class="x" onmousemove="('comment',' Cf. n 6. ');">¹⁹</span> Mar Zutra married his son and hung up<span class="x" onmousemove="('comment',' In the house where the marriage took place. ');">²⁰</span>

אמר מר זוטרא הני תלת מילי שוינהו רבנן כהלכתא בלא טעמא חדא הא אידך דאמר רב יהודה אמר שמואל הכותב כל נכסיו לאשתו לא עשאה אלא אפוטרופא אידך דאמר רב מנה לי בידך תנהו לפלוני במעמד שלשתן קנה:

for himself<span class="x" onmousemove="('comment',' To indicate to his son that the house was not to become his property. ');">²¹</span> a sandal.<span class="x" onmousemove="('comment',' The sandal, like any of the other objects mentioned above is regarded for this purpose as a store. ');">²²</span> R. Ashi married his son and hung up<span class="x" onmousemove="('comment',' In the house where the marriage took place. ');">²⁰</span> for himself<span class="x" onmousemove="('comment',' To indicate to his son that the house was not to become his property. ');">²¹</span> a jug of oil.<span class="x" onmousemove="('comment',' Cf. n. 10 ');">²³</span> Mar Zutra said: The following three things have [been] enacted [by] the Rabbis as fixed law without [adducing any] reason. One [is] this.<span class="x" onmousemove="('comment',' The ruling just mentioned, that a son acquires the ownership of a house of his father in which his marriage took place, even if the father did not explicitly present it to him. ');">²⁴</span> The other [is that] which Rab Judah said in the name of Samuel, [namely that]. a [dying] man [who] gave all his property to his wife, in writing. [thereby] only appointed her adminstratrix.<span class="x" onmousemove="('comment',' V. supra 131b. ');">²⁵</span> [.And the] third<span class="x" onmousemove="('comment',' Lit. 'other'. ');">²⁶</span> [is that] which Rab had stated: [If one said] 'You owe me a <i>maneh</i>; give it to X', in the presence of the three parties,<span class="x" onmousemove="('comment',' I.e., the debtor, the creditor, and X, the assignee. ');">²⁷</span> [X] acquires possession.<span class="x" onmousemove="('comment',' Though there were no proper witnesses and no legal form of acquisition, the transfer of the claim is valid. This rabbinic law, which is declared to be arbitrary and based on tradition alone, recognises the transfer of claims to a third party, though this is not provided for by Biblical Law. ');">²⁸</span>