Mishnah
Mishnah

Commentary for Bava Batra 9:3

הִנִּיחַ בָּנִים גְּדוֹלִים וּקְטַנִּים, הִשְׁבִּיחוּ גְּדוֹלִים אֶת הַנְּכָסִים, הִשְׁבִּיחוּ לָאֶמְצַע. אִם אָמְרוּ רְאוּ מַה שֶּׁהִנִּיחַ לָנוּ אַבָּא, הֲרֵי אָנוּ עוֹשִׂים וְאוֹכְלִין, הִשְׁבִּיחוּ לְעַצְמָן. וְכֵן הָאִשָּׁה שֶׁהִשְׁבִּיחָה אֶת הַנְּכָסִים, הִשְׁבִּיחָה לָאֶמְצַע. אִם אָמְרָה רְאוּ מַה שֶּׁהִנִּיחַ לִי בַּעְלִי, הֲרֵי אֲנִי עוֹשָׂה וְאוֹכֶלֶת, הִשְׁבִּיחָה לְעַצְמָהּ:

If one left over sons, grown and small — If the grown ones improved the property [while it was still part of the estate, they have improved it for all (i.e., all share equally in the improvement). [This, when the property improved through the property itself, the brothers not having spent anything of their own, but having hired workers from (the proceeds of) their father's property, the property improving "of itself." But if they themselves dug and planted and spent what was theirs, then what they improved, they improved for themselves.] If they said: "See what our father left us! We shall work (the land) and eat!", they have improved it for themselves. Likewise, if a woman improved the property, she has improved it for all. If she said: "See what my husband left me! I shall work (the land) and eat!", she has improved it for herself. [The Gemara construes this as an instance of a woman's having inherited, e.g., Reuven married the daughter of Shimon, his brother, and died without children, and the daughters of Shimon, his (deceased) brother, inherit him (Reuven). It is found, then, that his (Reuven's) wife, the daughter of Shimon, his brother, inherits him with her other sisters. We might think that because of the reputation she receives as a woman who can "manage (property) and improve (it)," even if she said: "See what my husband left me, etc.!", she is willing to waive what she expended and to share the improvement with the others; we are, therefore, apprised that she has improved it for herself.]

Bartenura on Mishnah Bava Batra

השביחו גדולים את הנכסים – while they are still belonging to the estate (before division among heirs).
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English Explanation of Mishnah Bava Batra

If a man left elder sons and younger sons, and the elder sons improved the property, they improve it to the common benefit. If they said, “See, what our father has left us, lo, we will work and from that we will eat”, they improve it to their own benefit.
So, too, if a woman (a improved the property, she improves it to the common benefit. If she had said, “See, what my husband left to me, lo, I will work and from that I will eat”, she improves it to her own benefit.

Mishnah three discusses sons who share an inheritance and some of the sons improve the value of the property. The issue discussed is are the sons who improved the value the only ones to profit or is the profit divided equally between all of the inheriting sons. A similar situation is discussed in which a widow improves the value of her dead husband’s property.
In the scenario mentioned in our mishnah Jacob died and left four sons, two who were older, Reuven and Shimon, and two who were younger, Levi and Judah, and Jacob owned a piece of real estate worth 1000 dollars. If Reuven and Shimon were to take this land and improve it, thereby doubling its value, each son’s portion would double. Even though Levi and Judah did not work to improve the value, since it was their inheritance as well, they receive some of the benefit. If, however, Reuven and Shimon said that they were increasing the value of their portions only, than they alone receive the increase in value.
Similarly if a widow were to increase the value of her dead husband’s estate, she would share in the increase with the sons of her husband, or the other heirs. However, if she were to state that she is improving her own lot, than she herself would receive the benefit of her work.
Note: a widow does not inherit from her husband. She is, however, entitled to receive maintenance from her husband’s estate. Maintenance payments will be based on the value of the estate: if there is a large estate she will receive better quality food, clothing and shelter. Therefore, it is in her interest to increase the value of the estate.
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Bartenura on Mishnah Bava Batra

השביחו לאמצע – and these words refer, when they improved the estate on account of the estate themselves, for they didn’t take out anything of their own, but only from the estate of their father, they hired workers. And they improved the estate on account of themselves. But if they dug and planted and spent their own money, the improvements they made, they made for themselves.
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Bartenura on Mishnah Bava Batra

וכן אשה שהשביחה – In the Gemara (Tractate Bava Batra 144a) we establish it with a woman inheriting such as the case of Reuven who married the daughter of Shimon, his brother. But alas, he died without having any children. And the daughters of Shimon, his brother, inherit him. It is found that his wife, who is the daughter of Shimon, his brother, inherits him with the rest of her sisters. And you might say that with this benefit that she derives due to the emerging rumor that she manages [her husband’s property] and improves it, even if she had said, “see what my husband left me etc.,” even so, she renounced it and wants to improve it for the common fund/estate (and divide the profit equally). But it comes to teach it that she improved it for herself.
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