Soncino English Talmud
Bava Batra
Daf 129b
others shall be his heirs in their stead, only a shekel [a week] is to be given to them, whether he used the expression 'give' or 'give no [more]'. Now here, surely, it is [a case] similar to that of two fields and two persons, and yet it is taught that possession is acquired. He raised this as an objection [to the opinions of his colleagues] and he [himself] gave the reply: [The Baraitha deals with such persons] as are entitled to be his heirs, and this [law is in agreement with the law of] R. Johanan b. Beroka. R. Ashi said: Come and hear! [If a person said], '[I give] my estate to you; and after you, X shall be [my] heir; and after X, Y shall be heir', [when the] first dies, the second acquires the ownership; when the second dies, the third acquires the ownership. And if the second died in the lifetime of the first, the estate reverts to the heirs of the first. Now here, surely, [the case] resembles that of two fields and two persons and yet it was taught that possession is acquired! And if it be suggested [that] here also [one deals with the case of one] who is entitled to be his heir and [that] it is [in accordance with the view of] R. Johanan b. Beroka; if so, [the question arises, how can it be said that if] the second died, the third acquired possession? Surely, R. Aha the son of R. Iwya sent [the following message]: According to the view of R. Johanan b. Beroka, [if one said], 'My estate [shall be] yours, and after you [it shall be given] to X', and the first is [one who is] entitled to be his heir, the second has no [claim] whatsoever in face of the first, for this is not a [specific] expression of 'gift' but [rather] of 'inheritance' and an inheritance cannot be terminated. [Is not this then,] a refutation of [the views of] all of them? — This is a refutation. May this be regarded also as a refutation of [the view of] Resh Lakish? — [How can] you think so! Did not Raba say, 'The law is in accordance with [the views] of Resh Lakish in these three [cases]'? — [This is] no difficulty, [for] here, [the expressions of 'gift' and 'inheritance' may have been uttered] one immediately after the other; there, [the two expressions] may not have been uttered one immediately after the other. And the law is that [expressions uttered] immediately after one another [are] always [regarded] as having been uttered simultaneously, except, [in the case of] idolatry
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