Soncino English Talmud
Bava Batra
Daf 140b
Does his wife's daughter reduce [its value]? Does his widow reduce [its value]?) [In the case of claims of] his widow and [her] daughter, who is to have the preference? — He said to him: Go away to-day and come to-morrow. When he came, he said to him: Solve at least one [problem]. For R. Abba said in the name of R. Assi [that] the relationship between a widow and [her] daughter, in the case of a small estate, has been put [on the same basis] as that of the relationship between a daughter and brothers. As [in the case of] the relationship between a daughter and brothers, the daughter is maintained [out of the estate] while the brothers have to go begging at [people's] doors, so [in the case of] the relationship of a widow and [her] daughter, the widow is maintained, and the daughter may go begging at [people's] doors. ADMON SAID, 'AM I TO BE THE LOSER BECAUSE I AM A MALE' etc. What does he mean? — Abaye replied: He means this: 'AM I TO BE THE LOSER BECAUSE I AM A MALE and am capable of engaging in the study of the Torah?' Raba said to him: Now, then, would he who is engaged in the study of the Torah be entitled to heirship, [and he who is not engaged in the study of the Torah not be entitled to be heir? — But, said Raba, he means this: 'AM I, BECAUSE I AM A MALE and am entitled to be heir in [the case of] a large, estate, TO BE THE LOSER [of my rights] in [the case of] a small estate?' MISHNAH. [IF A MAN] LEFT SONS AND DAUGHTERS, AND ONE WHOSE SEX IS UNCERTAIN, THE MALES MAY, WHERE THE ESTATE IS LARGE, REFER HIM TO THE FEMALES. [IF] THE ESTATE, [HOWEVER], IS SMALL, THE FEMALES MAY REFER HIM TO THE MALES. IF A MAN SAID: SHOULD MY WIFE BEAR A MALE CHILD, HE SHALL RECEIVE A MANEH, [AND HIS WIFE] DID BEAR A MALE CHILD, HE RECEIVES A MANEH. [IF HE SAID: SHOULD MY WIFE BEAR] A FEMALE [SHE SHALL RECEIVE] TWO HUNDRED [ZUZ, AND] SHE BORE A FEMALE, SHE TAKES TWO HUNDRED [ZUZ]. [IF HE SAID]: SHOULD [SHE BARE] A MALE CHILD [HE SHALL RECEIVE] A MANEH [AND] IF A FEMALE SHE SHALL RECEIVE TWO HUNDRED [ZUZ], AND SHE GAVE BIRTH TO A MALE AND A FEMALE, THE MALE RECEIVES A MANEH [AND] THE FEMALE RECEIVES TWO HUNDRED ZUZ. [IF] SHE BORE A TUMTUM, HE RECEIVES NOTHING. IF, [HOWEVER], HE SAID: WHATEVER MY WIFE SHALL BEAR, SHALL RECEIVE [A CERTAIN PORTION]. HE RECEIVES [IT]. AND IF THERE IS NO [OTHER] HEIR BUT THIS ONE, HE INHERITS ALL [THE ESTATE]. GEMARA [How can it be said that the males] REFER HIM [to the females] and he [presumably] receives [maintenance] as a daughter. Seeing that in the latter clause it states: IF SHE BORE A TUMTUM, HE RECEIVES NOTHING! — Abaye replied: THEY REFER HIM [to the females] and he receives nothing. Raba, however, said: THEY REFER HIM and he does receive [maintenance]; and the latter clause [of our Mishnah] represents the view of Rabban Simeon b. Gamaliel. For we learnt: [If an animal] gave birth to a tumtum or an androginos, Rabban Simeon b. Gamaliel said that the sanctity does not extend to [either of] them. An objection was raised: A tumtum inherits like a son and receives maintenance like a daughter. According to Raba this statement may well be explained [as follows]: He inherits like a son in [the case of] a small estate, and receives maintenance like a daughter [in the case of] a large estate;
Sefaria
Bava Batra 142b · Ketubot 43a · Bava Metzia 118b · Shabbat 116a · Nedarim 59b · Bava Batra 78b
Mesoret HaShas
Ketubot 43a · Bava Metzia 118b · Shabbat 116a · Nedarim 59b · Bava Batra 78b