Bava Batra 129 – Being Precise with “Give” vs “Bequeath”

If a person awards his property to several people in turn by saying, “My properties shall be given to you upon my death, and after you die, so-and-so shall inherit it, and after he dies, so-and-so shall inherit it,” the law is as follows:

When the first beneficiary dies, the second beneficiary acquires the property. When the second beneficiary dies, the third beneficiary acquires the property. If the second beneficiary dies during the lifetime of the first one, the property reverts to the heirs of the first beneficiary upon his death.

Even though the award was referred to as “inheritance,” it was only valid because he “gave” to the first one. Thus, when the second beneficiary died, he could not “give” anything to the third one, and the normal order of inheritance was restored.

Art: Sir Lawrence Alma-Tadema - A Family Group