נִכְסַי לְסָבְתָּא וּבָתְרַהּ לְיָרְתַאי הַוְיָא לֵיהּ בְּרַתָּא דַּהֲוָה נְסִיבָא שְׁכִיבָא בְּחַיֵּי בַּעְלַהּ וּבְחַיֵּי סָבְתָּא בָּתַר דִּשְׁכִיבָא סָבְתָּא אֲתָא בַּעַל קָא תָּבַע All my property is given to my grandmother, and after she dies, it is given to my heirs, not inherited by her heirs. He then died. He had a married daughter, who died during the lifetime of her husband and during the lifetime of her father’s grandmother. After her father’s grandmother died, her husband came and claimed the inheritance, as his wife was the heir of her father, and he is his wife’s heir.
אָמַר רַב הוּנָא לְיָרְתַי וַאֲפִילּוּ לְיָרְתֵי יָרְתַי וְרַב עָנָן אָמַר לְיָרְתַי וְלָא לְיָרְתֵי יָרְתַי Rav Huna said: When her father said that his property is given: To my heirs, he meant: And even to the heirs of my heirs. Therefore, since his daughter’s husband is the heir of his heir, he is entitled to the inheritance. And Rav Anan said that he meant: To my heirs, but not to the heirs of my heirs. Therefore, the husband is not entitled to the property.
שְׁלַחוּ מִתָּם הִלְכְתָא כְּווֹתֵיהּ דְּרַב עָנָן וְלָאו מִטַּעְמֵיהּ הִלְכְתָא כְּווֹתֵיהּ דְּרַב עָנָן דְּבַעַל לָא יָרֵית וְלָאו מִטַּעְמֵיהּ דְּאִילּוּ רַב עָנָן סָבַר אַף עַל גַּב דַּהֲוָה לֵיהּ בְּרָא לִבְרַתֵּיהּ לָא יָרֵית וְלָא הִיא דְּאִילּוּ הֲוָה לֵיהּ בְּרָא לִבְרַתֵּיהּ וַדַּאי יָרֵית וּבַעַל הַיְינוּ טַעְמָא דְּלָא יָרֵית מִשּׁוּם דַּהֲוָה לֵיהּ רָאוּי וְאֵין הַבַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק The Gemara relates: They sent a ruling from there, Eretz Yisrael: The halakha is in accordance with the opinion of Rav Anan, but not due to his reasoning. The Gemara explains: The halakha is in accordance with the opinion of Rav Anan that the husband does not inherit the property. But not due to his reasoning, as Rav Anan holds that even if his daughter had a son to inherit from her, he would not inherit the property, as her father bequeathed it only to his heirs, not to the heirs of his heirs. And that is not so, as if his daughter had a son, he would certainly inherit; and this is the reason the husband does not inherit: Because the inheritance is considered property due to the daughter, as she did not own it during her lifetime, and a husband does not take in inheritance property due to his wife as he does the property she possessed.
מִכְּלָל דְּרַב הוּנָא סָבַר בַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק The Gemara asks: By inference, does Rav Huna, who ruled that the husband is entitled to the inheritance, hold that a husband takes in inheritance property due to his wife as he does the property she possessed?
אָמַר רַבִּי אֶלְעָזָר דָּבָר זֶה נִפְתַּח בִּגְדוֹלִים וְנִסְתַּיֵּים בִּקְטַנִּים כׇּל הָאוֹמֵר אַחֲרֶיךָ כְּאוֹמֵר מֵעַכְשָׁיו דָּמֵי Rabbi Elazar says: This matter was introduced by great Sages, namely Rav Huna, and concluded by lesser Sages, i.e., by me. Rabbi Elazar, humbly referring to himself as a lesser Sage, will now explain Rav Huna’s statement. Anyone who says to another upon granting him an inheritance or a gift: After you die it is given to so-and-so, is considered like one who says: It is given to so-and-so from now. The first recipient merely has the right to use the property during his lifetime but did not actually become the owner. Accordingly, the inheritance was owned by the daughter in her lifetime, and the great-grandmother merely had usage rights. Therefore, it is inherited by the husband.
אָמַר רַבָּה מִסְתַּבְּרָא טַעְמָא דִּבְנֵי מַעְרְבָא דְּאִי קְדֵים סָבְתָּא וְזַבִּנָא זְבִינַהּ זְבִינֵי Rabba said: The explanation of the people of the West, that the inheritance is considered property due to the daughter and not property possessed by her, is reasonable, as if the grandmother would have sold it before she died, her sale would have been a valid sale, and the daughter would not have received it at all.
אָמַר רַב פָּפָּא הִלְכְתָא אֵין הַבַּעַל נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק וְאֵין הַבְּכוֹר נוֹטֵל בָּרָאוּי כִּבְמוּחְזָק וְאֵין הַבְּכוֹר נוֹטֵל פִּי שְׁנַיִם בַּמִּלְוָה בֵּין שֶׁגָּבוּ קַרְקַע בֵּין שֶׁגָּבוּ מָעוֹת In conclusion, Rav Pappa said that the halakha is that the husband does not take in inheritance property due to his wife as he does the property she possessed; and a firstborn does not take a double portion of property due to his father as he does the property his father possessed; and a firstborn does not take a double portion of payment for a loan, whether the brothers collected land or whether they collected money.