Si la casa cayó sobre él y su esposa — Los herederos del esposo dicen: "La esposa murió primero y luego el esposo" [y los herederos de la esposa no obtienen nada, el esposo murió después de su esposa y la heredó], y los herederos de la esposa dicen: "El el esposo murió primero, y luego la esposa " —Beth Shammai dice: Se dividen; y Beth Hillel dicen: La propiedad [propiedad tzon-barzel (ver Yevamoth 4: 3)] permanece en su estado (chazakah). [Beth Hillel no indicó si en la jázaka de los herederos de la esposa, de quién era la propiedad, o en la de los herederos del esposo, de quién era la responsabilidad—por lo cual está dividido]. La kethubah [el ciento doscientos y la suma (según sea el caso) permanece] en la jázaka de los herederos del esposo. La propiedad que entra y sale con ella está en la jázaca de los herederos del padre (de la mujer). [La referencia es a la propiedad melog (véase Yevamoth 4: 3), que, cuando ella entra, entra con ella, y que, cuando se va, se va con ella, ya sea que se haya depreciado o apreciado. Esta propiedad está en la jázaka de los herederos de la esposa. Se descubre, entonces, que los herederos de la esposa toman toda la propiedad melog y la mitad de la propiedad tzon-barzel.]
Bartenura on Mishnah Bava Batra
האשה מתה תחלה – and there is nothing for the inheritors of the wife, for the husband died last and inherited his wife.
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English Explanation of Mishnah Bava Batra
Introduction
Mishnah nine continues to deal with the topic of doubtful inheritances in which it is unclear who died first, the inheritor or the one from whom he inherits.
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Bartenura on Mishnah Bava Batra
נכסים בחזקתן – mort-main (i.e., wife’s estate held by her husband, which in case of her death or divorce he must restore “in specie,” being responsible with all his landed property for loss or deterioration) belongs to present occupants but the School of Hillel did not explain if it is in the possession of the inheritors of the wife which were hers or in the possession of the inheritors of the husband for their responsibility is upon him. Therefore, the mort-main is to be divided.
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English Explanation of Mishnah Bava Batra
If the house fell down on a man and his wife, the husband’s heirs say, “The wife died first and the husband died afterward” and the wife’s heirs say, “The husband died first and the wife died afterward”. The School of Shammai says: “Let them split [the property].” The School of Hillel says: “The property remains in its former status the Ketubah to the husband’s heirs and the property that comes in and goes out with her to her father’s heirs.” In our mishnah Jacob and Rachel both died in the same accident and it is unclear who died first. If Rachel died first then Jacob would inherit all of her property, since a husband inherits from his wife. If Jacob inherited Rachel’s property then when he died his inheritors would inherit her (as well as his) property. Therefore, Jacob’s inheritors claim that Rachel died first. If, on the other hand, Jacob died first, Rachel’s inheritors would inherit her property. (They would not inherit Jacob’s property since a wife does not inherit from her husband). Therefore, Rachel’s inheritors claim that Jacob died first. As in the previous mishnah the School of Shammai says that in such a case the money is to be split. The School of Hillel again states that the money reverts back to its last verifiable owner. The ketubah (marriage contract) money last belonged to the husband (it is his until he pays it to her) and therefore his inheritors receive that money. The woman’s dowry which she brought into the marriage and over which the husband did not take title, belonged to the wife. Therefore her inheritors receive this money.
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Bartenura on Mishnah Bava Batra
וכתובת אשה – which are a Maneh (= 100 silver denars) or two hundred (denars) and a supplement which remain in the possession of the inheritors of the husband.
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English Explanation of Mishnah Bava Batra
Questions for Further Thought: • How is the School of Hillel’s opinion in mishnah nine consistent with their opinion in mishnah eight?
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Bartenura on Mishnah Bava Batra
ונכסים הנכנסים והיוצאים עמה – these are the usufruct (i.e., the wife’s estate of which the husband has the fruition without responsibility for loss or deterioration) for at the time that she enters [into marriage], they enter with her, and if they lessened, they lessen for her, and if they increased, they increased for her, it is found that the inheritors of the wife take all the usufruct and half of the mort-main.
