Bava Basra - Daf 155
- What is the minimum age to sell inherited property?
The Gemara asks: קטן מאימתי מוכר בנכסי אביו – from when can a youth who is unfamiliar with commerce sell his late father’s properties? [The Rashbam adds this refers to land, but מטלטלין may even be sold by a six- or seven-year-old.] Rava quoted Rav Nachman saying he must be eighteen years old, but Rav Huna bar Chinena quoted Rav Nachman saying he must be twenty. Either way, he must physically be an adult, which was the subject of the examination of the youth who died after selling his father’s property. Even a twenty-year-old without סימנים is halachically a קטן, unless he shows other symptoms of a סריס.
The Gemara quotes a machlokes if תוך זמן – during the time (of the eighteenth or twentieth year, respectively) is כלפני זמן – like before the required time, or כלאחר זמן –like after the time. The next Daf concludes that only a twenty-year-old can sell inherited property, and not during the twentieth year.
Rava ruled that a fourteen-year-old girl who was יודעת בטיב משא ומתן – knowledgeable in the nature of commerce could sell inherited property, and the same applies to a twelve-year-old, as well as an adult boy.
- Testimony of someone too young to sell property
Rav Huna brei d’Rav Yehoshua says: ולעדות עדותו עדות – regarding testimony, the testimony of a youth who is not old or knowledgeable enough to sell property is valid testimony. Mar Zutra says this only applies to מטלטלין, which he can sell, but regarding real estate, which he cannot sell, his testimony is also not accepted. Rav Ashi asked Mar Zutra why his testimony is accepted for מטלטלין. If it is because he is able to sell them, then he should also validate the testimony of children (six or seven years old), who are able to sell מטלטלין!? Mar Zutra responded: התם בעינא ועמדו שני האנשים וליכא – there, we require “and the two men shall stand” and testify, and minors are not men. But any adult can testify about items which he can sell.
- The מתנה of a youth is valid
Ameimar says: ומתנתו מתנה – and the gift of [a youth] giving away inherited property is a valid gift. Rav Ashi asked him, that since if he sells property and receives money the sale is invalid, דלמא מוזיל ומזבין – because perhaps he will discount it and sell it for less than its full value, then certainly his gift should be void, since he received nothing!? Ameimar responded that if Rav Ashi’s reasoning was correct, then if a youth sold land for a profit, the sale should be valid, and it is not!? Rather, the Rabbis knew דינוקא מקרבא דעתיה גבי זוזי – that a youth’s mind is drawn to coins. Therefore, if his sales would be valid, people would sometimes jingle coins in front of him, and he would sell all his father’s property, so they disqualified his sales. However, he would not give someone a gift unless he received some benefit from him; therefore, the Rabbi said his gift should be valid, דלעבידו להו מילי – so [people] will do things for him.
