Soncino English Talmud
Bava Batra
Daf 158b
GEMARA. In whose established right of ownership? — R. Johanan said: In the right of the ownership of the heirs of the husband. R. Eleazar said: In the right of ownership of the heirs of the wife; and R. Simeon b. Lakish in the name of Bar Kappara said: [The estate in dispute] is to be divided. And so did Bar Kappara teach: Since these appear as heirs and those appear as heirs, [the estate] is to be divided [between them]. MISHNAH. IF THE HOUSE COLLAPSED UPON A MAN AND HIS MOTHER, BOTH AGREE THAT [THE ESTATE IN DISPUTE] IS TO BE DIVIDED. R. AKIBA SAID: I AGREE IN THIS [CASE] THAT THE ESTATE [IS TO REMAIN WITH THOSE WHO ARE] IN ITS ESTABLISHED RIGHT OF OWNERSHIP. BEN AZZAI SAID TO HIM: [IS IT NOT ENOUGH THAT] WE ARE SUFFERING FROM THE EXISTING DIVISIONS OF OPINION THAT YOU [MUST] COME TO CREATE DIFFERENCES FOR US WHERE UNANIMITY WAS DECLARED? GEMARA. In whose established right of ownership? — R. Elai said: In the established right of the ownership of the heirs of the mother. R. Zera said: In the established right of the ownership of the heirs of the son. When R. Zera went up [to Palestine] he adopted the principle of R. Elai. R. Zera said: From this one may deduce that the climate of the land of Israel makes one wise. And what is the reason? — Abaye replied: Because the inheritance has become the established possession of that tribe. BEN AZZAI SAID TO HIM: [IS IT NOT ENOUGH THAT] WE ARE SUFFERING FROM EXISTING DIVISIONS OF OPINIONS etc. R. Simlai said: This implies [that] Ben Azzai was disciple [and] colleague of R. Akiba [seeing] that he said to him, 'That you come'. [The following statement] was sent from Palestine: '[If] a son borrowed on [the security of] the estate of his father, during the lifetime of his father, and he died, his son may take away from the buyers; and this it is that presents a difficulty in civil law.' [If] he borrowed, [it may be asked.] what [is he to] take away? And, furthermore, what has he to do with buyers? — But, if that statement was made, thus
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