Mishnah
Mishnah

Commentary for Bava Batra 9:9

נָפַל הַבַּיִת עָלָיו וְעַל אִשְׁתּוֹ, יוֹרְשֵׁי הַבַּעַל אוֹמְרִים, הָאִשָּׁה מֵתָה רִאשׁוֹנָה וְאַחַר כָּךְ מֵת הַבַּעַל, יוֹרְשֵׁי הָאִשָּׁה אוֹמְרִים, הַבַּעַל מֵת רִאשׁוֹן וְאַחַר כָּךְ מֵתָה הָאִשָּׁה, בֵּית שַׁמַּאי אוֹמְרִים, יַחֲלֹקוּ. וּבֵית הִלֵּל אוֹמְרִים, נְכָסִים בְּחֶזְקָתָן, כְּתֻבָּה בְּחֶזְקַת יוֹרְשֵׁי הַבַּעַל, נְכָסִים הַנִּכְנָסִים וְהַיּוֹצְאִין עִמָּהּ בְּחֶזְקַת יוֹרְשֵׁי הָאָב:

If the house fell upon him and his wife — The heirs of the husband say: "The wife died first and then the husband" [and the heirs of the wife get nothing, the husband having died after his wife and having inherited her], and the heirs of the wife say: "The husband died first, and then the wife" — Beth Shammai say: They divide; and Beth Hillel say: The property [tzon-barzel property (see Yevamoth 4:3)] remains in its status (chazakah). [Beth Hillel did not indicate whether in the chazakah of the heirs of the wife, whose property it was, or in that of the heirs of the husband, whose responsibility it was — for which reason it is divided.]. The kethubah [the one hundred, two hundred, and addition (as the case may be) remains] in the chazakah of the heirs of the husband. The property that comes in and goes out with her is in the chazakah of the heirs of the father (of the woman.) [The reference is to the melog property (see Yevamoth 4:3), which, when she enters, enters with her, and which, when she leaves, leaves with her, whether it depreciated or appreciated. This property is in the chazakah of the heirs of the wife. It is found, then, that the heirs of the wife take all of the melog property and half the tzon-barzel property.]

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