Bava Batra 133: Giving Gifts Instead of Inheritance: What Does It Really Mean and How Bad Is it?
Description
More on Rabbi Yehudah ben Berkoka's position, with the property being established as an inheritance vs. as a gift. But what is the real difference? Why would it be preferable to inherit, as compared to receive a gift? For starters, the heirs need to support the widow of the benefactor, which is not the case for the recipients of gifts. Also, a new mishnah! What happens when a person really does give his property away and his rightful heirs get nothing? The majority view frowns upon such a decision, though it would take effect. Rabban Shimon ben Gamliel explains that there are circumstances, say, with an heir who is not behaving well, where circumventing the inheritance laws would be considered the right move. The Gemara provides a story that illustrates what the rabbis of the majority view think of Rabban Shimon ben Gamliel's caveat.
When a person on his deathbed includes a formal act of acquisition in his gift under those circumstances, when that formal act is not required, given that he's on his deathbed, he's strengthening the commitment to the gift. Note that transfer of property via "shtar" - deed or document - only...
Published 11/24/24
The mother of Rav Zutra bar Tuviah wrote a deed giving her son all of his property, to keep it out of the clutches of Rav Zevid, whom she then married. And then they divorced. And she wants to reclaim the property she deeded to her son. But can she really get it back? Also, when one on his...
Published 11/23/24