משנה: נָפַל הַבַּיִת עָלָיו וְעַל אָבִיו עָלָיו וְעַל יוֹרְשָׁיו עָלָיו וְעַל מוֹרִישָׁיו וְהָֽיְתָה עָלָיו כְּתוּבַּת אִשָּׁה וּבַעֲלֵי חוֹב יוֹרְשֵי הָאָב אוֹמְרִים הַבֵּן מֵת רִאשׁוֹן וְאַחַר כָּךְ מֵת הָאָב. וּבַעֲלֵי הַחוֹב אוֹמְרִים הָאָב מֵת רִאשׁוֹן וְאַחַר כָּךְ מֵת הַבֵּן. בֵּית שַׁמַּאי אוֹמְרִים יַחֲלוֹקוּ וּבֵית הִלֵּל אוֹמְרִים נְכָסִים בְּחֶזְקָתָן. נָפַל הַבַּיִת עָלָיו וְעַל אִשְׁתּוֹ יוֹרְֹשֵי הָאָב אוֹמְרִים הָאִשָּׁה מֵתָה רִאשׁוֹנָה וְאַחַר כָּךְ מֵת הַבַּעַל. יוֹרְשֵי הָאִשָּׁה אוֹמְרִים הָאִישׁ מֵת רִאשׁוֹנָה וְאַחַר כָּךְ מֵתָה הָאִשָּׁה. בֵּית שַׁמַּאי אוֹמְרִים יַחֲלוֹקוּ וּבֵית הִלֵּל אוֹמְרִים נְכָסִים בְּחֶזְקָתָן. כְּתוּבָּה בְּחֶזְקַת יוֹרְשֵׁי הַבַּעַל. וּנְכָסִים הַנִּכְנָסִין וְהַיּוֹצְאִין עִמָּהּ בְּחֶזְקַת יוֹרְשֵׁי הָאָב. נָפַל הַבַּיִת עָלָיו וְעַל אִמּוֹ אֵילּוּ וָאֵילּוּ מוֹדִין שֶׁיַּחֲלוֹקוּ. אָמַר רִבִּי עֲקִיבָה מוֹדֶה אֲנִי בָזֶה שֶׁהַנְּכָסִים בְּחֶזְקָתָן. אָמַר לוֹ בֶּן עַזַּאי עַל הַחֲלוּקִין אָנוּ מִצְטָעֲרִין אֶלָּא שֶׁבָּאתָ לַחֲלוֹק עָלֵינוּ אֶת הַשָּׁװִין. MISHNAH: If the house collapsed on him118And he died without children. and his father, or on him and his heirs, or on him and one from whom he inherits, and a woman’s ketubah and documents of indebtedness were on him. The father’s heirs say that the son died first and then the father119The son did not inherit anything; the father’s estate inherits from the son. The son’s creditors can be satisfied only from his estate; they have no claim to the father’s estate.; the holders of the debt say that the father died first and then the son120The son inherited from the father; the father’s estate is available to satisfy the son’s creditors.. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders121The father’s heirs have acquired the father’s estate at the latter’s death. The son’s creditors are claimants who have to bear the burden of proof..
If the house collapsed on him and his wife122And they have no children which would be the automatic heirs.; the father’s heirs say that the wife died first and then the husband123The husband inherited from his wife; all his estate now is the property of his agnates.. The wife’s heirs say that the man died first and then the wife124She has a claim on her ketubah which is inherited by her family.. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders, the ketubah125Including the dowry which was given to the husband as his property to which the wife only has a claim at the dissolution of the marriage. is in the hands of the husband’s heirs; properties that enter and leave with her126Paraphernalia property which never became the husband’s; cf. Mishnah Yebamot 7:1. are in the hands of her father’s heirs.
If the house collapsed on him and his wife122And they have no children which would be the automatic heirs.; the father’s heirs say that the wife died first and then the husband123The husband inherited from his wife; all his estate now is the property of his agnates.. The wife’s heirs say that the man died first and then the wife124She has a claim on her ketubah which is inherited by her family.. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders, the ketubah125Including the dowry which was given to the husband as his property to which the wife only has a claim at the dissolution of the marriage. is in the hands of the husband’s heirs; properties that enter and leave with her126Paraphernalia property which never became the husband’s; cf. Mishnah Yebamot 7:1. are in the hands of her father’s heirs.
הלכה: נָפַל הַבַּיִת עָלָיו וְעַל אָבִיו כול׳. אָמַר רִבִּי שְׁמוּאֵל בַּר רַב יִצְחָק. זֹאת אוֹמֶרֶת שֶׁבֶּן עַזַּאי חָבֵר וְתַלְמִיד לְרִבִּי עֲקִיבָה. HALAKHAH: “If the house collapsed on him and his father,” etc. Rebbi Samuel ben Rav Isaac said, this implies that Ben Azzai was a colleague and student of Rebbi Aqiba130It is known that Ben Azzai was R. Aqiba’s student. But had he not reached the status of a colleague, he could not have publicly criticized him..