In a previous shiur , we explored the nature of the bar metzra rule, that a neighbor who possesses land adjacent to land being offered for general purchase has first rights to purchase the land. Does this reflect a benefit that can be expressed in his right to demand “first purchase” and oust alternate clients, or does the neighbor enjoy a partial kinyan on the land?. In this shiur, we will investigate several additional nafka minot that would be impacted by this essential question. In particular, we will study the case of Ravina and Runia presented in Bava Batra through the lens of this question.
The process of yerusha (inheritance) appears to be a halakhic process that is not directed by the person who dies. It appears that the transfer of inheritance, although monetarily driven, is unlike any other monetary transaction, in that it is automatically executed by the halakhic system without any direction or control by the deceased. In this shiur, we will consider a number of indications that this is fact not the case and that the deceased does play a role in the yerusha process.
