Bava Batra 139 – The Daughters are Supported

If one died and left behind sons and unmarried daughters, when the property of the estate is abundant, the sons inherit and the daughters are supported (food, clothing, and wedding expenses). When the property of the estate is meager, the daughters are supported and the sons go begging at the door.

According to Biblical law, a person survived by his sons and daughters is inherited only by his sons. The Sages, however, instituted that a man stipulate to his wife in her marriage contract (ketubah) that their daughters who survive him be entitled to support from his estate until they marry or reach full maturity.

Admon says, “Because I am male, do I lose?” and Rabban Gamliel prefers his opinion, but the final law follows the first authority – the daughters take priority.

Art: John Greenwood - John Richard Comyns of Hylands Essex with his daughters