Babylonian Talmud

Rodkinson 1918 — source 14, scan section 2

previously aware). If brothers divided their inheritance, and a creditor of their father came and took away the share of one of them. If the members ot the court differ in the amount, upon appraisement brought before them. " I sell you the half of the field " ; " The southern half of this field, "etc. — the seller has to give space for a partition, etc., .... 231-240 CHAPTER VIII. MlSHNA /. There are those who bequeath, and also inherit ; others who inherit but do not bequeath ; and also those who neither bequeath nor inherit. The passage [Num. xxvii. 8] in the Scripture does not correspond with all that is taught above. Who were the grandfathers of Pinchos ben Elazar on his mother's side. If one is about to marry, it is advisable for him to investigate the character of the bride's brothers. It is better for one to hire himself to Abhada Zarah (idolatry) than to rely upon people that shall support him. Abhada Zarah means " idolatry." Literally, however, it is "a strange service." Is the tribe of the mother's side equal to the tribe of the father's side ? What happened to Janai and Jehudah the second when they came together ? The husband from his wife. Whence is this deduced ? Whence came Pinchos ben Elazar to have a mountain which his father did not possess? Whence is it deduced that the husband does not inherit the estate to which his wife during her life is only heir apparent ? In the case of a gift with the ceremony of a sudarium, whether healthy or sick, what time may be given him to retract, 241-255 MiSHNAS //. TO IV. The order of inheritance is thus, etc. If one decides that a daughter shall inherit, when there is a daughter of a son, even if he were a prince in Israel, he must not be listened to. What happened to Rabban Johanan with the Sadducean? "The daughters of Z'lophchod have inherited," etc. The land of Israel was divided among the ascendants from Egypt, and not among their children. Joshua and Caleb inherited the shares of the spies. Whence is this deduced? May or may not a disciple be honored in the presence of his master ? Why is the order in mentioning the daughters of Z'lophchod different in the Scripture ? If a woman marries at less than twenty years of age, she bears children until sixty ; but when she marries after forty, she does not then bear children. There were seven men who encompassed the whole world since its creation until now, etc. How was the land of Israel divided — into twelve parts, or among the people severally ? The land of Israel will be divided among thirteen tribes. A son and a daughter are equal concerning inheritance, etc. How shall the double share of the first-born be counted — double as to each brother or as to the whole estate. What is the reason that Jacob took away the privi- lege of the first-born from Reuben and gave it to Joseph ? Jacob's children, who came to Egypt, in sum you find seventy ; however, if you will number SYNOPSIS OF SUBJECTS. xv them in detail, you will find 'only sixty-nine. In the case of inheritance of a promissory note, the first-born took a double share, etc. A first-born does not take a double share in a loan. The Palestinians, however, say he does. What is to be done with an estate bequeathed for life only, which the in- heritor has sold ? A first-born does not inherit property to come in the hiture, and the same is the case with a husband. If the first-born protests when his brothers come to improve the estate left by their father, 255-271 MiSHNAS V. TO V//. A will which is against the law of the Scripture must not be listened to ; however, if it is as a gift, it may. " My son is my first-born," he takes a double share ; "My son is a first-born," he does not. " Go to Sh'kh'at my son, who is a first-born, whose spittle cures eyes." If two wives of one have born two sons in a secret place which was dark, and it is not known who was born first, they may write a power of attorney each to the other, etc. If one was known to the people as a first-born, and his father said of another, etc. A creditor may collect from bondsmen belong- ing to orphans for their father's debt. A second-cousin, a third-cousin, may be a witness (according to the law). If one says, "This child shall inherit all," or, " My wife shall take an equal share with one of my sons," he is to be listened to. If the word "gift" was mentioned in the beginning, etc. How is this to be illustrated ? If one wrote, " The field on the east side shall be given to A, and B shall inherit that on the west side," is title given or not? All that is said in one speech is valid, except as to idolatry. If one says : " A shall inherit my estate," and he has a daughter, he said noth» ing ; or, "A shall inherit my estate instead of my daughter," or, "My daughter instead of my son " — how is the law ? A Halakha must not be taken for granted from a discussion or from an act, unless one is told to do so. Rabbi said : My youth made me presume to contradict Nathan the Babylonian. If one bequeath all his estates to his wife, he makes her a guardian only. (All that is said above treats of a will by a sick man.) How is it if this was done while in good health? If one has bequeathed all his estates to his sons, but has left to his wife a small portion of ground. How is it in a similar case when one is in good health ? A sick person who has bequeathed all his estate to a stranger, it is to be investigated if the latter is in some way fit to be called a direct heir. An inheritance has no interruption, and goes direct to the heirs of the inheritor. The rabbis con- demned one who bequeathed his estate to strangers, leaving out his chil- dren. What happened to Shamai the elder with Jonathan b, Uziel, 271-297 MiSHNAS VI/I. TO X/L " This is my son," he is to be trusted ; " My brother," he is not. If one testify he has divorced his wife, he is to be trusted. If a short period of time, can one's testimony be divided — that for the past he should not be trusted, and for the future he should ? If a sick person said to witnesses : "Write, and give a mana to so and so," and before they did so he dies. How is it if the same was said by one in good health ? If one wishes to bequeath his estate to his children, etc. How if he has written " from to-day and after my death " ? If a sudarium is men- tioned, no matter what version was used, nothing is needed to be added. " My estates are bequeathed to you, and after you to B," etc. Who is called a crafty villain ? To a gift presented by one who is dying, at what time is title given ? There was a woman who had a tree on the estate of xvi SYNOPSIS OF SUBJECTS. R. Bibbi b. Abayi, etc. If A said to B, " I give you this ox as a present,