For the source text click/tap here: Bava Batra 142
To download, click/tap here: PDF
The concept of inheritance arises in a number of contexts in the Torah, most prominently in Parashat Pinchas. It is also the central topic of the eighth chapter of Massekhet Bava Batra, Yesh Nochalin. Naturally, the discussion of the laws of inheritance focuses largely on the financial matters at issue among the heirs, leading to the discussion and clarification of a number of fundamental questions regarding monetary law. For that reason, chapter Yesh Nochalin has an important place in the world of Choshen Mishpat.
As we learned on yesterday’s daf, from the Mishna, a gift can be given to an unborn child.
Nevertheless, the Gemara on our daf clearly rules that ha-mezakeh le-ubar lo kanah – that when someone attempts to give a gift to an unborn child – the kinyan, the act of ownership – does not take effect.
We explore the rights and legal status of the fetus.