Bava Basra, Chapter 9, Mishnah 1. The chapter continues to deal with matters of inheritance, and here we will explain at length a topic that has already been discussed briefly a number of times: the rabbinic enactment regarding the daughters' sustenance from the estate.
This enactment establishes that the daughters have priority over the assets of the estate, and that they must be sustained first. The enactment applies to daughters who meet two conditions:
Underage - they have not yet reached the age of twelve and a half.
Unmarried - daughters who have married are not included in the enactment.
Therefore, when there is not enough in the estate to support everyone, the beis din intervenes, seizes the assets and ensures their proper management so that they support the minor daughters - and the older brothers receive nothing. Once the daughters marry or reach the age of twelve and a half, their sustenance from the estate ceases, and the remainder passes to the sons according to the laws of inheritance.
The Reason for the Enactment:
The reason is so that the minor daughters will not have to beg from door to door. This is far more embarrassing and difficult for them than it is for the sons, and the Sages absolutely did not want this to happen. For this reason, the daughters are sustained from the estate first, before their brothers.
It is worth noting right away an important practical halachic point: the Sages placed a lien for the purpose of this sustenance on real estate alone - land and buildings - and not, for example, checking accounts. We will return to this at the end of the Mishnah.
The Text of the Mishnah:
"Mi shemeis vehiniach banim uvanos" - a person who passed away and left behind sons and daughters.
"Bizman shehanechasim merubin - habanim yirshu vehabanos yizonu" - when there is enough for everyone, for example a person who left ten apartments, the apartments pass to the sons as an inheritance, and they must ensure that the rental income is used to support their sisters: food, clothing, housing, medical care and all their needs.
"Nechasim muatin - habanos yizonu vehabanim yishalu al hapesachim" - when there is not enough for everyone, and the estate only has one apartment to support four children, the daughters are supported from the rental income. The beis din collects the rent and supports them through a guardian. Meanwhile, the sons, who have nothing to support themselves with, are forced to beg from door to door - since when there is no choice, it is better that the sons beg rather than the daughters.
Admon's Question:
Admon, a Tanna in our Mishnah, poses a difficulty: The sons are the heirs and not the daughters, so they have the upper hand. How is it possible that they specifically should lose out, to the point that the daughters take everything and the sons take nothing? At the very least, it would be appropriate for them to receive equal treatment - since the apartment will eventually be theirs - and that the rental income should be divided into four parts, similar to what was explained in the previous Mishnah that when there are only daughters, the maintenance is divided equally among them. This is his phrasing: "Bishvil sha'ani zachar hifsadeti?" - Just because I am a male, do I lose out?
Rabban Gamliel agrees with his claim and supports his words. However, the halachah does not follow Admon or Rabban Gamliel, but rather the Tanna Kamma: The daughters are supported first and foremost, and once they reach the age of twelve and a half or once they marry - the remainder of the estate passes to the sons according to the laws of inheritance.
Practical Halachah:
Even though the Sages placed a lien for maintenance only on real estate, the Geonim of the post-Gemara period enacted that liens and distributions apply equally to real estate and movable property. However, since this is a later enactment, and the original enactment did not place a lien on movable property, it turns out that regarding movable property, the halachah actually aligns with the opinion of Admon. Practically speaking:
Regarding real estate: If the entire estate is an apartment, the beis din rents it out, and the rental income is given only to the minor daughters, while the sons take nothing until the daughters grow up or marry.
Regarding movable property: If what is left is a checking account or a stock portfolio that distributes dividends and the like, all the children are supported equally - the daughters just like the sons. The daughters receive maintenance until the age of twelve and a half or until their marriage, and from that point, their maintenance ceases and all remaining assets pass to the sons according to the laws of inheritance.
In summary: In this Mishnah, we learned the enactment of the Sages that minor daughters who are unmarried are supported from the estate first, so that they will not have to beg door to door. With abundant assets, the sons inherit and the daughters are supported; with meager assets, the daughters are supported and the sons beg door to door. Admon disagreed and argued, "Bishvil sha'ani zachar hifsadeti" - just because I am a male, do I lose out, and Rabban Gamliel supported his words, but the halachah follows the Tanna Kamma. Practically speaking, the original enactment applies to real estate, while regarding movable property, by virtue of the enactment of the Geonim, the maintenance is divided equally among all the children.