Traditionally, the Jewish age of majority is twelve for girls and thirteen for boys. But, as we have seen, chronological age is not the only factor that the rabbis consider when determining if a person is an adult or not. They also take into account physical maturity and mental competence. There are situations in which those possessing these attributes may be considered to be an adult before reaching the age of majority and times when those who lack them are denied certain responsibilities or privileges despite having reached the age of adulthood.
On yesterday’s daf, we learned that Rav Nahman delays an orphan’s ability to sell property inherited from their father until 18 (according to Rava) or 20 (according to Rav Huna bar Hinnana) years of age. The decision to limit an orphan’s ability to sell comes from a desire to protect them from making a rash business decision. Rava exempts those who have an understanding of real estate, permitting them to sell starting at age 14; presumably, those who have a more sophisticated understanding of the business will use their knowledge to protect their interests.
On today’s daf, Ameimar tells us that though an orphan child may not be able to sell their inherited property, they can give it away:
With regard to one who is not old enough to sell property that he inherits from his father, if they gave a gift from the property, their gift is a valid gift.
Rav Ashi is none too pleased with this ruling, and he points out to Ameimar that:
If with regard to a sale, in which the orphan receives money, you say that the sages instituted an ordinance that he is not authorized to sell lest he reduce the price of the property and deplete his father’s estate, all the more so in the case of a gift he should not be authorized to give, as nothing at all comes into his possession in exchange.
An orphan who has a poor head for business would at least get something in return if they sold their inheritance. But if they gave it away, they might even more quickly go bankrupt. If the logic is that we won’t let them sell for fear that they will sell for too low a price and erode the value of their inheritance, how can we let them give their property away, getting nothing in return?
Ameimar responds with an alternate logic: If orphans were permitted to sell, we would be encouraging potential buyers to dangle money in front of them in order to tempt them to do so and, as a result, they might go and sell what they inherited at too low a price — thus the prohibition. But with regard to a gift, orphans are not tempted to make a gift unless they feel that the recipient is worthy of it, so there is no harm in letting them do so. Further, the rabbis hope that the possibility of a gift would incentivize others to act in ways that were favorable to orphans. Prohibiting orphans from giving gifts takes away this incentive and potentially reduces the kindness that they might receive from others.
In Judaism, orphans are a protected category. In this case, the rabbis seek to protect orphans from those who would take advantage of them when their emotional state or inexperience in business may make them vulnerable. In order to do so, the rabbis place limitations on what they can do in the marketplace.
One could argue, as Rav Ashi suggests, that it is a bit naïve to say that they are at risk from swindlers who seek to purchase their land but not schemers who seek to acquire it outright as a gift. Nonetheless, the Talmud declares that the law follows Ameimar, allowing orphans to make gifts starting at 14, some years before they are permitted to sell the land they have inherited.
Read all of Bava Batra 156 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on November 28, 2024. If you are interested in receiving the newsletter, sign up here.
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