Tuesday, February 9, 2010

Bava Batra 172 – Two Brothers, One Poor and One Rich

If there were two brothers, one poor and one rich, and their father died and left them a bathhouse or an olive press, then if the father made those properties for renting, the brothers can divide the rent. However, if they were made for personal use, the rich brother can insist that they are kept for shared use, even though the poor brother cannot take advantage of it. The rich brother can say to him, “Buy slaves, so that they should use the bathhouse; buy olives and press them.”

If there were two men in the same town, and the name of both was Yosef ben Shimon, they cannot produce a loan document for collection against each other, because each can claim that he is the lender, nor can anybody collect from one of them. Therefore, they should add their grandfather’s name, or some distinguishing sign.

Art: Antoon Van Dyck - Lucas and Cornelis de Wae

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