Bava Batra 315

<big><strong>מתני׳</strong></big> נפל הבית עליו ועל אשתו יורשי הבעל אומרים אשה מתה ראשון ואחר כך מת הבעל יורשי אשה אומרים בעל מת ראשון ואחר כך מתה אשה

<b><i>MISHNAH</i></b>. IF THE HOUSE COLLAPSED UPON A MAN<span class="x" onmousemove="('comment',' Lit., 'upon him'. ');">¹</span> AND HIS WIFE<span class="x" onmousemove="('comment',' From whom he had no children. ');">²</span> [AND] THE HEIRS OF THE HUSBAND<span class="x" onmousemove="('comment',' His sons, e.g., that were born from another wife or his father and brothers. ');">³</span> PLEAD [THAT] THE WIFE DIED FIRST<span class="x" onmousemove="('comment',' And her estate was consequently inherited by her husband before he died. ');">⁴</span> AND [THAT] THE HUSBAND DIED AFTERWARDS,<span class="x" onmousemove="('comment',' And, consequently, his heirs are entitled to his estate including all that he inherited From his wife. ');">⁵</span> [WHILE] THE HEIRS OF THE WIFE<span class="x" onmousemove="('comment',' Her relatives who are not related to her husband. ');">⁶</span>

בית שמאי אומרים יחלוקו ובית הלל אומרים נכסים בחזקתן כתובה בחזקת יורשי הבעל נכסים הנכנסין והיוצאין עמה בחזקת יורשי האב:

PLEAD [THAT] THE HUSBAND DIED FIRST [AND THAT] THE WIFE DIED AFTERWARDS, BETH SHAMMAI HOLD [THAT THE ESTATE] IS TO BE DIVIDED,<span class="x" onmousemove="('comment',' Since it is impossible to ascertain who in fact died first, the ownership of the estate is a matter of doubt, and any property the ownership of which is in doubt must be divided between the claiming parties. ');">⁷</span> AND BETH HILLEL HOLD [THAT] POSSESSIONS<span class="x" onmousemove="('comment',' I.e., property which the wife brought to her husband on marriage, and the value of which was included in her marriage contract, the husband assuming full responsibility for loss or profit. ');">⁸</span> [ARE TO REMAIN WITH THOSE WHO ARE] IN THEIR ESTABLISHED RIGHT OF OWNERSHIP;<span class="x" onmousemove="('comment',' The Gemara, infra, explains who these are, ');">⁹</span> THE <i>KETHUBAH</i><span class="x" onmousemove="('comment',' I.e., the sum of a hundred, (in the case of the marriage of a widow), or of two hundred zuz (in the case of the marriage of a virgin), and the 'additional sum' which a husband undertakes to pay to his wife upon divorce or upon his death, and which forms the principal element in a marriage contract. ');">¹⁰</span> IN THE POSSESSION OF THE HEIRS OF THE HUSBAND; [AND] THE PROPERTY THAT COMES IN AND GOES OUT WITH HER<span class="x" onmousemove="('comment',' Property, the principal of which is retained in the wife's possession while its usufruct is enjoyed by the husband. V. supra, p. 206, n. 7. ');">¹¹</span> IN THE POSSESSION OF THE HEIRS OF THE FATHER.<span class="x" onmousemove="('comment',' Of the wife. Since she obtained the property from her father's house and since the property itself remained all the time in her possession, the heirs of her father's house are entitled to inherit it. (CF. Rashb. and R. Gersh. a.l.) ');">¹²</span>