Saturday, January 9, 2010

Bava Batra 141 – Gifts to Unborn Children


If one whose wife is pregnant says, “If my wife gives birth to a boy, he takes a hundred zuz ($5,000) and if to a girl, she takes two hundred zuz – the infants acquire the money. If she gives birth to a tumtum (a person of indeterminate gender), he does not get anything, but if he is the only child – he inherits all.

So the man prefers a daughter? But we learned that one should leave a son! Either he realizes that a daughter needs more, or he follows the opinion of Rabbi Yehudah that a daughter is a blessing.

But how can an unborn child acquire a gift? This follows the opinion of Rabbi Yossi that a fetus inherits, and the opinion of Rabbi Yochanan ben Berokah that a will made to the one who inherits is valid.


Art: Henri-François Riesener - Mother and Her Daughter

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