Soncino English Talmud
Bava Batra
Daf 125b
'My estate [is bequeathed] to [my] grandmother, and after [her demise] to my heirs.' He had a married daughter [who] died during the lifetime of her husband and the lifetime of her grandmother. After the grandmother died, the husband came to claim [the estate]. R. Huna said: 'To my heirs', implies, 'even to the heirs of my heirs'; and R. Anan said: 'To my heirs', implies, 'but not to the heirs of my heirs'. [A message] was sent from Palestine: The law is in accordance with [the statement] of R. Anan; but not because of his reason. 'The law is in accordance with [the statement] of R. Anan' [in] that the husband is not to be the heir. 'But not because of his reason', for, whereas R. Anan holds the opinion [that] even though his daughter had a son he would not be heir, [the law] is not [so]; for had his daughter had a son he would certainly have been heir. The reason why the husband is not heir is this: Because [the estate] was prospective [property], and the husband is not [entitled] to receive of prospective [property] as of [property which is already] in the possession [of his wife at the time of her death]. Does this imply that R. Huna holds the opinion that a husband [is entitled] to receive of the prospective [property of his wife] as of that which is [already] in [her] possession [at the time of her death] — R. Eleazar said: This subject began with the great and ended with the small. [R. Huna's reason is this:] Whosoever says, '[Another person shall be my heir] after you,' is [regarded] as one who said, '[That person shall be my heir] from now'. Rabbah said: The reason [given] by the Palestinians is logical. For had the grandmother sold [the estate] prior [to her demise] the sale would have been legally valid. R. Papa said: The law is that a husband does not receive of the 'prospective' [estate] of his wife as of that which is in her possession'; and the firstborn son does not receive of a prospective [estate of his father] as of that which is in [his father's] 'possession'. The firstborn son, [furthermore,] does not receive a double portion in a loan [owing to his father], whether [the heirs] had collected [in payment] land or whether they had collected money;