Mesorat%20hashas for Bava Batra 9:10

נָפַל הַבַּיִת עָלָיו וְעַל אִמּוֹ, אֵלּוּ וָאֵלּוּ מוֹדִים שֶׁיַּחֲלֹקוּ. אָמַר רַבִּי עֲקִיבָא, מוֹדֶה אֲנִי בָזֶה שֶׁהַנְּכָסִים בְּחֶזְקָתָן. אָמַר לוֹ בֶן עַזַּאי, עַל הַחֲלוּקִין אָנוּ מִצְטַעֲרִין, אֶלָּא שֶׁבָּאתָ לְחַלֵּק עָלֵינוּ אֶת הַשָּׁוִין:

If the house fell upon him and his mother, [and she has no other son but this one — The heirs of the son say: "The woman died first, and the son inherited her property, and we inherit the son"; and the heirs of the woman, from her father's household, say: "The son died first, and we inherit the woman"] — Both [Beth Shammai and Beth Hillel] agree that they divide. [For since they both come with the power of inheritance, it is doubt against doubt, and they divide. And this is not similar to (the instance of) the house falling on him and his wife. For there, there are two types of property — one in which he is the muchzak (the "holder"), and the other, in which she is the muchzak. But here, all is in the chazakah of the woman, being, as she is, a widow; and both (claimants) come by power of inheritance, to inherit everything — for which reason they divide.] R. Akiva said: Here, too, I say [that according to Beth Hillel] the property remains in its chazakah, [in the chazakah of her heirs from (the household of) her father. For in her lifetime, after her husband's death, she was linked to her father's tribe, and her money, too, in her lifetime, was in the chazakah of her father's tribe. Therefore, the heirs from her father's household inherit her. The halachah is in accordance with R. Akiva.] Ben Azzai said to him: "Over the 'differing,' we grieve, [i.e., Over the aforementioned disagreement between Beth Shammai and Beth Hillel we grieve that they could not concur], and you come to divide for us the concurring!" [i.e., You say that in this, too, they disagree, differing in this from the fist tanna, who says that (in this instance) they concur.]

Explore mesorat%20hashas for Bava Batra 9:10. In-depth commentary and analysis from classical Jewish sources.