Saturday, December 12, 2009

Bava Batra 113 – Inheritance Passed Down Only by Day

Rabba bar Chanina said, based on "it shall be on the day that he bequeaths to his sons," that you may pass down inheritances only by day.

Abaye asked him, - Could it be that the one who dies by day has his sons inherit his property, but the one who dies by night does not? Of course not! Rather, since it says, "this should be to the children of Israel as a statute of judgment," inheritance has the laws of a court case. For example, suppose three people visit a sick person who instructs them concerning his last will. In that case, they have two options: write it down as witnesses or act as court judges and execute the judgment – but only by day since all court cases must be started by day.

Said Rabba Bar Chanina, "Yes, that is what I meant."

Art: Death In The Sick Room Edvard Munch

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