In the rabbinic system, when someone dies, their property is inherited by their closest living relative. When that relative is their child, the transfer can be relatively straightforward, but when the closest relative is a distant one things can more complicated, as we see on today’s daf:
A relative of Rav Idi bar Avin died and left a date tree as an inheritance. Another relative took possession of the tree. Rav Idi bar Avin said: “I am closer,” and the other relative said: “I am closer.”
Although another unnamed relative claims the tree, Rav Idi bar Avin believes he is the closer relation and therefore has the stronger claim. Given that the Gemara does not provide us with the details of the family tree (pun intended), it is reasonable to assume that neither of them can prove that their connection to the deceased is indeed the closest and, therefore, the one who is already in possession of the tree has the upper hand and gets to keep it. That is, until this happens:
The other relative admitted to Rav Idi bar Avin that, in fact, Rav Idi was closer in relation to the deceased. Rav Hisda established the date tree in the possession of Rav Idi bar Avin.
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Though Rav Idi bar Avin has now secured the tree, he is not fully satisfied and sues the other relative for the value of the produce that they consumed while the tree was in their possession. After all, if the tree is rightly his, he reasons, it was his from the moment the owner died, as was any of the fruit that it bore.
It’s an interesting question. When does the tree become Rav Idi’s? Is it at the moment when his relative dies or at the moment the court ruled in his favor?
Rav Hisda is not inclined to retroactively award him ownership of the produce:
On whom is the Master basing his claim to receive the value of the produce? On this other relative. But the other relative was saying until this point: I am closer in relation to the deceased than he.
As Rav Hisda sees it, Rav Idi’s claim to the tree is only granted based on the admission of the other relative. When the other relative claimed that the tree was theirs, it was and so was its fruit. It was only after the other relative relented that Rav Idi became the owner of the tree and, from that point forward, he also gained the rights to its produce.
But Rav Idi has his supporters as well:
Abaye and Rava do not hold in accordance with this opinion of Rav Hisda, as they hold that once the other admitted that they are not the closer relative, they admitted that they never had any right to the produce of the tree.
The Gemara does not decide between the two positions, although giving Abaye and Rava the last word may be a nod of approval, and their position is upheld in the legal codes. This good news for Rav Idi, although this development may not have come in time to reverse the ruling of Rav Hisda and allow him to collect.
Read all of Bava Batra 33 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on July 28, 2024. If you are interested in receiving the newsletter, sign up here.
