cellio: (talmud)
Monica ([personal profile] cellio) wrote2017-06-29 08:35 am
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daf bit: Bava Batra 158

The mishna on today's daf discusses a case where a house collapsed on a man and his wife, killing them both. The heirs of the man argue that she died first (and so he inherited her and they inherit everything), while the heirs of the wife say that he died first (following the same logic). Beit Shammai rules that the estate is divided, just like any other property of unclear ownership with two claimants. Beit Hillel, on the other hand, rules that property that she brought to the marriage goes to her heirs and property that was his goes to his heirs. In the g'mara, Reish Lakish (R' Shimon b. Lakish) in the name of Bar Kappara says they divide -- so he's siding with Shammai even though Hillel usually wins their disputes. The daf then moves on to the next mishna, so I don't know what the final ruling is. (158a-b)

The talmud doesn't discuss jointly-owned property; my understanding is that this wasn't really a thing when it came to marriages. She owned some property (that she brought in) though he had use of it; he owned everything else and was responsible for maintaining her. The deed with both names and the joint checking account are later developments.