אֵין מוֹצִיאִין לַאֲכִילַת פֵּרוֹת וּלְשֶׁבַח קַרְקָעוֹת וְלִמְזוֹן הָאִשָּׁה וְהַבָּנוֹת מִנְּכָסִים מְשֻׁעְבָּדִים, מִפְּנֵי תִקּוּן הָעוֹלָם. וְהַמּוֹצֵא מְצִיאָה, לֹא יִשָּׁבַע, מִפְּנֵי תִקּוּן הָעוֹלָם:
Payment is not exacted for the eating of fruits, for the enrichment of land, and for the food of one's wife and daughters from bound property, for "the general good." [If one stole a field and sold it to another, and he sowed it and it sprouted and produced fruit, and the despoiled one came and claimed it with its fruit from the buyer (reimbursing him only for his expenses), the buyer returns and claims the price of the field from bound property, it having been sold to him with a guarantee by bill of sale, this being "a loan against a note" (milveh bishtar), and (he claims) the price of the fruit from free, and not from bound property. The same applies when the buyer enriched the land by planting trees or fertilizing it, and the like. ("and for the food of one's wife and daughters":) this being a condition of the kethubah, viz.: "And you shall dwell in my house and be fed through my property; and the daughters that you have by me will dwell in my house and be fed through my property, etc." When they come to claim their food, they do so only from free property, and not from bound property. ("for 'the general good'":) For these are indeterminate things and exact allowances cannot be made for them.] And if one found a lost object [and returned it, and the owner claimed that he did not return all of it], he does not take an oath, for "the general good." [For if an oath were imposed upon him, no one would take pains to return a lost object.]
Jerusalem Talmud Ketubot
If there were two daughters and one son; the first one took a tenth of the estate, but the son died before the second could take her tenth. Rebbi Ḥanina was of the opinion that the second takes a tenth of the estate and the rest they divide equally among themselves. Rebbi Joḥanan told him that in this case there was nothing else to provide for her, but here she may sell from the remainder and provide for herself! Rebbi Tebi in the name of Rebbi Joshia: The reason of Rebbi Ḥanina: If she can collect from encumbered real estate, from what lies before her not so much more? Rebbi Joḥanan sticks to his opinion, since Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina [and Rebbi Hila] collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked to be provided for. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans get up and complain, I would give it to them. Even so, they saw and did not complain. Rebbi Ze‘ira asked before Rebbi Yose: How do you decide in practical cases? He said to him, following Rebbi Ḥanina. And so an actual case was decided following Rebbi Ḥanina. Rebbi Abun in the name of Rebbi Hila: One considers the estate as if it were dry.
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Jerusalem Talmud Ketubot
What is the situation of grandchildren? Rebbi Mana said, [grandchildren are like children. Rebbi Yose said, grandchildren are not like children.] Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to him, inheritance by biblical law jumped on grandchildren.
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