Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Bava Batra 149: הוֹרָתוֹ שֶׁלֹּא בִּקְדוּשָּׁה

jyungar November 21, 2024

For the source text click/tap here: Bava Batra 149

To download, click/tap here: PDF

As we have learned, matnat shekhiv mera is a present given by an individual who is on his death bed. Unlike other examples of property transfer where the most basic requirement demands that a formal kinyan – an act of transfer – take place, in the case of matnat shekhiv mera the Sages ruled that no such kinyan is necessary.

This rule was established in order to ease the concerns that rest on a dying person who wants to be sure that his will is carried out prior to his death. Nevertheless, there are restrictions to this unique rule of matnat shekhiv mera; according to the Mishna (146b), this gift only works if the dying man bequeaths all of his possessions while on his death bed.

One case brought for adjudication was that of Issur the convert had twelve thousand dinars deposited in the house of Rava. Rav Mari, Issur’s son, whose conception was not in the sanctity of the Jewish people, i.e., he was conceived before his father converted, but his birth was in the sanctity of the Jewish people, i.e., he was born after his father converted, was in a study hall elsewhere when his father was on his deathbed.

We explore the status of such converts and their rights of inheritance.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​