Bartenura on Mishnah Bava Batra

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Nezikin · 487 sections

6.1.3
רבן שמעון בן גמליאל אומר וכו' – The Gemara (Talmud Bava Batra 93b) establishes all of our Mishnah according to Rabban Shimon ben Gamaliel but the Mishnah is deficient and should be read as follows: even if it were flax seed, he is not responsible. But surely, garden seeds which are not eaten, one is responsible for them, the words of Rabbi Shimon ben Gamaliel. For Rabban Shimon ben Gamaliel states that garden seeds which are not eaten, one is responsible for them, for it is an errant transaction for certainly he sold them for planting.
6.2.1
המקבל פירות – that he bought grain from his fellow. The purchaser accepts for himself for every Seah a quarter-kab of refuse, for that is the manner of grain in this and not more.
6.2.2
עשר מתליעות – [ten] eaten by worms for every one hundred, which is one out of ten.
6.2.3
קוסמות – bad wine. If the cellar of large wine jugs accepts upon itself ten large jugs, and if the storeroom of pitchers accepts upon itself ten pitchers, and specifically when he stated: “I am selling you this cellar.” And the stiff mass of grist, oil and onions (i.e., a porridge), meaning to say, to place within the cooked dish but if he said: “[I am selling] you a cellar of wine for the stiff mass of grist, oil and onions,” he must give him wine which is all fine for wine of a stiff mass of grist, oil and onions must be fine and enduring and that we have doubts about it other than a little bit. But, if he said, “I am selling you undefined wine,” and no mention of the stiff mass of grist, oil and onions, he gives him intermediate-quality wine that is sold in the store. But if he said: “This cellar I am selling to you,” but he did not mention even if all of it had soured/fermented had arrived.
6.2.4
קנקנים בשרון – in the land of the plains.
6.2.5
מקבל עליו עשר פטסיאות – that are not boiled all the way through and they draw wine and drip it.
6.3.1
אינו חייב – [the seller in his responsibility] for at the time of the sale, it was wine. And specifically, when it became fermented/sour in the utensils of the purchaser, for if it were in the utensils of the seller [when it became fermented], he (i.e., the purchaser) could say to him (i.e., the seller): “ this is your wine and this your vessel,” and the seller is not able to say to him: “why did you leave it (i.e., the wine) in these vessels so long? You are the one who has taken a loss,” for this one could have said to him: but from the beginning, I informed you that it was not my intention to be supported by this wine, other than a little bit [at a time].”
6.3.2
ואם ידוע שיינו מחמיץ – that it is not preserved and the other one says to him that he didn’t need wine, but rather for a stiff mass of grist, oil and onions and to let it stand to take from it only bit by bit.
6.3.3
הרי זה מקח טעות – he should have informed him that his wine does not endure.
6.3.4
מבוסם – it is its manner to endure until Shavuot. But from then onward, the heat spoils it.
6.3.5
וישן – if he sold him wine on the condition that it is old, he gives him from the year before – from the year that past that precedes this one.
6.4.1
בית חתנות לבנו – for it is way of a person to make a house for his son when he gets married to a woman.
6.4.2
בית אלמנות לבתו – when her husband dies and she returns to the house of her father, but during the life of her husband, she is with her husband, for it is not the way for the a groom to live with his father-in-law.
6.4.3
רפת בקר הוא זה – he would need to make it much bigger.
6.4.4
בית קטן – the least of these houses is six [cubits] by eight [cubits]. But a person who sells his friend a place, undefined to make for himself a house, it must be six [cubits] by eight [cubits].
6.4.5
גדול – and if he specified to make for him a large house.
6.4.6
טרקלין – it is made for the seating of princes.
6.4.7
רומו כחצי ארכו וכחצי רחבו – it refers to all of them, meaning for a small house, its height is seven [cubits] and for a large house, nine [cubits] and for a reception room, ten [cubits].
6.4.8
ראיה לדבר היכל – that its length was forty [cubits] and its width twenty [cubits] and its height thirty [cubits], which are one-half its length and width (see First Kings, Chapter 6, verses 2 and 17 for a description of the First Temple and Tractate Middot, Chapter 4, Mishnayot 6-7 for a description of the Second Temple).
6.4.9
הכל כבנין היכל – There is one who say that what is taught in the Mishnah above that its height should be [the sum of] half of its length and half of its width (see also Tractate Eruvin, Chapter 6, Mishnah 6). The proof of the matter is the Sanctuary/Temple. Rabban Shimon ben Gamaliel taught it as Rabbi Shimon ben Gamaliel states: הכל כבנין היכל/Everything should be in accord with the building of the Sanctuary/Temple. But there is one who says that Rabban Shimon ben Gamaliel disputes with the first Tanna/teacher [of the Mishnah] and expresses astonishment in asking: “Should everything be in accordance with the Sanctuary/Temple?” The matter is not dependent upon anything but the custom of the country.
6.5.1
בשעה שבני אדם נכנסים – during the daytime and not to trouble him to get up at night.
6.5.2
זה עושה לו פותחת – so that the owner of the house will not steal from his cistern, and the owner of the house makes another lock on the same door that opens to the well, so that he cannot come to draw water without the knowledge of the owner. And, he will not ever come into the house of the owner of the house other than if the owner of the house is at home, and they established this because of the suspicions of his wife.
6.6.1
מי שיש לו גינה – [and the owner] of the outer [garden] was reconciled to give to [the owner of] the inner garden a path in the middle of his field.
6.6.2
לא יכנס בתוכה – for since he causes great damage when he passes through the middle of his field, we testify that he was not reconciled with him other than for the needs of his garden alone, and that he should not enter for any other usage.
6.6.3
והחיצון זורע – for since that he is in the middle of his (i.e., the other’s) field, we testify that he did not pardon him completely and that he should not be able to sow seeds.
6.6.4
זה וזה אין רשאין לזרעה – because It is from the side; for walking through only he designated it.
6.7.1
מי שהיתה דרך [הרבי'] עוברת בתוך שדהו – the masses always presumed to be able to pass through there.
6.7.2
ושלו לא הגיעו – but the many have two paths, for we hold that a narrow path marking the boundary that the masses presumed [to use], it is forbidden to ruin.
6.7.3
דרך היחיד – a person who sells to his fellow a path within his field needs to give him four cubits.
6.7.4
דרך המלך אין לו שעור – for the king breaches a fence in front of him to make for himself a path.
6.7.5
דרך הקבר – when they carry the dead person to his grave, there is no measure. It is an enactment of the Sages because of the dignity of the deceased, but they are not able to breach a fence like the way of the king, but those who accompany the dead can pass ove seeds and the don’t have to turn to the one side or the other.
6.7.6
בית ארבעה קבים – it is [thirty three cubits and two handbreadths] wide at the length of fifty cubits. And the funeral-halting place where they would make seven halts of the funeral escort on returning from burial for lamentation or consolation, corresponding to the seven mentions of הבל/vanity in at the beginning of the [Biblical] book of Ecclesiastes.
6.8.1
המקבל מחבירו – with contract-labor job that he should dig him a grave.
6.8.2
ארבע אמות – in width and six [cubits] in length.
6.8.4
שלש מכאן ושלש מכאן – to the two sides of the length of the cave, and two opposite the entrance to the cave, and each grave is four cubits long, and its width is six handbreadths at a height of seven cubits, it is found that between each and every grave from the sides is a cubit-and-a-half, and between the two that are opposite them two cubits.
6.8.5
הכל לפי הסלע – if the place is hard, the recipient is not liable to dig other than six cubits length and four cubits width according to the words of the first Tanna/teacher [of the Mishnah], but if the place is soft and crushed earth, the recipient is obligated to dig [a grave] six [cubits] by eight [cubits] according to the words of Rabbi Shimon, but the Halakha is according to the first Tanna/teacher.
7.1.1
האומר לחבירו בית כור עפר – the measurement of a Khor’s worth of seed is seventy-five thousand cubits where the courtyard of the Tabernacle was a field requiring two Se’ah of seed, which was one hundred [cubits] by fifty [cubits] and a Khor is thirty Se’ah.
7.1.2
עפר – that is appropriate for sowing is implied. But if he stated, in an area requiring a Khor’s of seed undefined, or a field requiring a Khor of seed, even if all of it is rocks, he takes possession of it, for perhaps it was to build a house or to spread out fruit [to dry], he required it.
7.1.3
נקעים – fields ten handbreadths deep or [rocks] ten handbreadths high, and for example, they are wide four handbreadths by four handbreadths and are an important place.
7.1.4
אין נמדדין עמה – and he must give him an area requiring a complete Khor of seed from level/smooth ground, for a person does not want to put all of his money into one place, and he will show him two or three places.
7.1.5
כבית כור – which implies as it is, whether it is rocks or soil.
7.2.1
מדה בחבל – meaning to say, with an exact measurement, I sell you this field which has a Khor’s worth of soil, just as they measure with the rope’s measurement, no less and no more.
7.2.2
פחת כל שהוא – for that field did not have a complete Khor’s worth of soil, the transaction exists and the seller deducts according to that which is less.
7.2.3
הותיר – land [was additional] a little bit, over the Khor’s worth, he (i.e., the purchaser) returns to the seller the land that was added on or the value of the land as will be explained further on.
7.2.4
אם אמר לו – the area of a Khor’s worth of soil I am selling to you, whether it be less, whether it be more for such and such a cost, and he did not tell him, “according to the measurement of the rope.”
7.2.5
אפילו פחת או הותיר רובע קב – for every Se’ah, which means thirty quarters (i.e., a quarter Kab equals 104 1/6 square cubits) for the area requiring a Khor of seed, he takes possession of it. For since the Tanna/teacher [of the Mishnah] taught even if he lessened it by one-quarter for a Se’ah (i.e., a Se’ah’s area equals 2500 square cubits), and did not teach “even if he lessened it seven and one-half kabs to the Khor, we learn from it, that even in a small sale, such as a Se’ah I am selling you, whether it be less or more, if he lessened it by a quarter of a Khor or added to it a quarter, he takes possession of it. But if he said, an undefined area requiring a Khor of seed, also whether it is less or more, it is similar.
7.2.6
יותר מכאן – more than one-quarter for every Se’ah if he gave too much, he should make an accounting, calculating how much he gave over the area requiring a Khor of seed, and how much they are worth, according to the calculations that he sold him an area requiring a Khor of seed.
7.2.7
ולמה אמרו יחזיר לו מעות – for according to the law, he doesn’t have to return anything to him other than land, for the purchaser did not buy anything other than an area requiring a Khor of seed., but the Sages did not establish that he should give him money corresponding to this extra part, but rather to give the prerogative to the seller, so that he will not lose that small amount of land, and it will not appear to him to be anything.
7.2.8
שאם שייר – in the area of a field requiring a Khor of seed, a house of nine Kabs, for now it appears to him that this field that we spokk about which is a house of nine Kabs is considered to be called a field, therefore, he does not return to him the money, but rather, the seller takes his field. And we learn from our Mishnah that seven and one-half kabs for a Khor which is a quarter of a kab for every Se’ah, there is a pardon. From seven and one-half kabs until nine kabs but not exactly in total, he makes an accounting; nine tabs or more, he returns the land.
7.2.9
ולא את הרובע – this is what he said: where we said that he should make an accounting, or return the land, not the additional alone does he return, but also the thirty fourths of the extra area of the Khor of seed he also returns. And because he has important land among everything, he does not forgive anything.
7.3.1
מדה בחבל וכו' – A person who says to his fellow these two languages that contradict each other, the measure of the rope, which implies be defining exactly/squeezed in/confined whether less or more [as measured by the rope] that implies that he was not strict about a small amount less or more, the latter language which is a small amount less or more nullifies the first language which is that which is measured by the rope, and even if he lessened it a quarter of a Se’ah or made it larger by a quarter of a Se’ah, he has taken possession of it.
7.3.2
דברי בן ננס – for he holds that one should take hold of the latter language. And the Rabbis disagree with him, whether the first [language] or the latter [language] for they doubt if he took possession of the first language or the latter language. And the purchaser takes the lesser of the measurements, and the Halakha is according to the Sages.
7.3.3
בסימניו ובמצריו – He (i.e., the seller) said to him (i.e., the purchaser): “I am selling to you an area requiring a Khor of seed of soil within these markers and these boundaries.
7.3.4
[הכי גרסינן] פחות משתות הגיעו [עד] שתות ינכה – This is the interpretation: if he lessened it by one-sixth of the area of a Khor of seed, and all the more so, less than one-sixth, he takes possession of it, but more than one-sixth and below up until one-sixth, but not one-sixth included, he deducts from it.
7.4.1
משמנין ביניהן – they see the place of the fatter/better part of the field, and the seller takes that part, for the hand of the purchaser is at a disadvantage, and corresponding to it, he (i.e., the seller) gives to the boundarTalmud Bava Batra 107b). For when he (i.e., the seller) said to him (i.e., the purchaser): “I am selling you one-half of the field,” according to the worth of the half of the field, he said to him. And if it was one-hundred cubits [in total] for one hundred denars, but within it are thirty cubits which is the fatter/better part worth fifty denars, the seller takes that, and gives to the purchaser the seventy cubits which are the from the worst part for fifty denars. And the practical difference is that a person wants a Kab of the best took hold of the first language or the latter language, and the purchaser takes the less of the
7.4.2
חציה שבדרום אני מוכר לך – we do not compromise to average all of the field as it is in the first part [of the Mishnah], but rather, we estimate what half of the field in the South is worth, whether good or bad, and corresponding to what one-half of the field is in the South, the seller gives to the purchaser in any direction what he desires from the worst that he has, for the hand of the purchaser is at a disadvantage, and perhaps, this is what he said to him: “What is worth half that is in the South, I sell you from my land in any place that I desire.”
7.4.3
ומקבל עליו – the purchaser with his one-half field that he purchased to make a fence, and/or a large ditch or a small ditch. Both of them are behind the fence from the outside, in order that no wildlife not jump in and enter the field, for if he made a large ditch, he does not make a small ditch, for since the ditch is wide, it enters into it and jumps above its second rim, but if he made a small ditch and did not make a large ditch, since it is small, there exists garbage and it jumps. And how much is the distance between one small ditch and another small ditch? A handbreadth.
8.1.1
יש נוחלין – there are relations that inherit their relatives when they die, and even when they themselves die. They bequeath to them their money.
8.1.2
האב את הבנים – as it is written (Numbers 27:8): “If a man dies without leaving a son, you shall transfer his property to his daughter.” In place of a daughter, you transfer the inheritance from the father, but you do not transfer inheritance from the father in place of brothers.
8.1.3
והבנים את האב – as it is written (Numbers 27:8): “If a man dies without leaving a son;” but if he has a son, the son precedes.
8.1.4
והאחין מן האב – as it is written (Numbers 27:10): “in his own clan, and he shall inherit it.” And the family/clan of the father is called a family, as it is written (Numbers 1:2): “by the clans of its ancestral houses.”
8.1.5
והאיש את אמו – as it is written (Numbers 36:8): “ Every daughter among the Israelite tribes who inherits a share [must marry someone from a clan of her father’s tribe, in order that every Israelite may keep his ancestral share],”how a daughter inherits two tribes, but this [is the case] where her father is from one tribe and her mother is from another tribe, "וירשתן"/and she shall inherit them (see Numbers 36:8 and Talmud Bava Batra 111a) – for since it is written (in our verse): "ממטות"/from the tribe, he made an analogy of two verses near each other – the tribe of the mother to the tribe of the father. Just as the tribe of the father, the son precedes the daughter, so too, the tribe of the mother – the son precedes the daughter.
8.1.6
והאיש את אשתו – as it is written (Numbers 27:11): “[If his father had no brothers, you shall assign his property to] his nearest relative [in his own clan and he shall inherit it].” “the nearest relative” is one’s wife. And we read it this way: “And you shall give the inheritance of his nearest relative to him and deduct or add and we expound, that even she shall inherit him, as the inference teaches us: (Numbers 27: 11): “and he shall inherit it.” He inherits her, but she does not inherit him (see also Talmud Bava Batra 111b).
8.2.1
כל הקודם לנחלה. יוצאי יריכו קודמין – if his descendants are not living, their inheritance returned with the father. How so? Reuven who died. Hanokh, and Palu, Hezron and Carmi [his sons] inherit him and if one of the sons predeceases Reuven, and that son [who died] left a son or a daughter [or a son of a son or a daughter of a son] or the son of daughter or the daughter of a daughter, until one hundred generations, he shall inherit in place of his father of the property of Reuven his father. And he will take like one of the sons of Reuven and if Reuven doesn’t have any sons, but not sons of sons and even the daughters of sons, for then, the daughters of Reuven would inherit Reuven, but not the daughters of daughters, until all the generations. Then Jacob would inherit his son Reuven. But if Jacob is no longer living, then Reuven’s brothers, the sons of his father (i.e., Jacob) would inherit, Shimon, Levi and Judah [Joseph and Benjamin] [etc. and if they no are not living, the sons of Shimon and Levi, etc. would inherit Reuven]. But if they don’t have sons, nor sons of sons (i.e., grandsons), their daughters would inherit. Or the sons of their daughters or the daughters of their daughters. For in every place, the male and his inheritors precede the female. But if the brothers of Reuven died without progeny, or if he hadn’t ever had a brother, his sister Dinah, the daughter of Jacob would inherit him, or her sons or the sons of her sons [or her daughters and the daughters of her daughters] until the end of the world. But if Reuven does not have a sister nor the progeny of a sister, his inheritance would return to the father of his father, which is Isaac. But if Isaac is not alive, the inheritance would return to Esau the son of Isaac who is the brother of the father of Reuven (i.e., Jacob), and if Esau is not [alive], the inheritance of Reuven would return to Eliphaz the son of Esau, or to his sons, or to his grandsons or to his daughters or to his granddaughters to the end of all generations. But if there are no brothers to the father of Reuven (i.e., Jacob) nor to the sons of his sons, the inheritance of Reuven would return to his father’s sister or to her sons or to the children of her sons or to her daughters according to the order that we stated. But if Reuven’s father does not have either brothers nor grandchildren, nor a sister nor the children of his sister the inheritance of Reuven would return to Abraham, his paternal great-grandfather, and similarly forever until the first human being (i.e., Adam).
8.2.2
האב קודם – forever to the brothers of the father and to their children [but the brothers of the father precede the sisters of the father] and the brothers of the father and the sisters of the father precede [the father of the father, and the father of the father precedes the brothers of the father’s father and the sisters of the father precede [the father of the father, and the father of the father precedes the brothers of the father’s father, and the brother’s of the father’s father, and even his sisters precede to the father of his father’s father, and similarly forever.
8.3.1
נטלו שלשה חלקים בנחלה – in the inheritance of the Land of Israel. And this Tanna/teacher [in the Mishnah] holds that the Land [of Israel] was divided to those who left Egypt, as it is written (Numbers 26:55): “[The land, moreover, is to be apportioned by lot;] and the allotment shall be made according to the listings of their ancestral tribes” (see Talmud Bava Batra 117a). And Tzelophchad and Hefer, his father, took portions in the Land, for both were among those who left Egypt. But the daughters of Tzelophchad took the portion of their father that would become his property in the Land. And the portion that would become his from the inheritance of Hefer his father. And the portion of his first-born share as he was a first-born and he takes a double portion. But even though they had not yet inherited the land, the first-born does not take a double portion as is appropriate to come after death. The Land of Israel was held in possession.
8.4.1
אחד הבן ואחד הבת בנחלה – this is what he said: both the son and the daughter are equivalent in the inheritance of the property of the mother, [just as in the inheritance] of the property of the father. And there is no difference between the inheritance of the property of the mother to the inheritance of the property of the father other than that the first born son takes a double portion in the property of the father but does not take a double portion in the property of the mother.
8.5.1
לא אמר כלום – and he is not able to remove hm from the inheritance, other that via that he would give his property to the rest of his sons through a gift.
8.5.2
על פיו – because it is a Mitzvah in the consequence of a death and a person on his deathbed, his words are like they were written and transmitted and they don’t require an [act of] acquisition, and because of this it is taught “by his mouth”/על פיו.
8.5.3
והשוה להן את הבכור – in the language of a gift.
8.5.4
דבריו קיימין – and we don’t have here [the case] of a person making a condition against what is written in the Torah because it is within the power of an individual to give his money as a gift to whomever he desires.
8.5.5
ואם אמר משום ירושה – and if he increased [the monies] to one and lessened them to another in the designation of inheritance as he said: “So-and-so my son will a field that is an area requiring a Khor of seed, and so-and-so my son will inherit a field that is in an area requiring a one-half Khor of seed. But regarding his first-born son he said that he would inherit like that of his fellow, he did not say anything, for he made a condition that is against what is written in the Torah.
8.5.6
כתב בין בתחלה וכ' – “You will give such-and-such a field to son-and-so, and he will inherit it.” This is at the beginning. “He will inherit it and you will give it to him.” This is at the at the end. “He will inherit such-and-such a field and you will give it to him and he will inherit it. This is a gift in the middle.
8.5.7
אם אמר על מי שראוי ליורשו – as for example, regarding a son among the sons, or regarding a daughter among the daughters, so-and-so will inherit me, his words are fulfilled, as it is written (Deuteronomy 21:16):”When he wills his property to his sons [he may not treat as first-born the son of the loved one in disregard of the son of the unloved one who is older].” The Torah gave permission to the father to bequeath to the sons to whomever he desires. And Rabbi Yohanan [Ben Beroka] agrees regarding a brother in place of a daughter, and regarding a daughter in place of a son, he has not said anything for the daughter is not worthy of inheriting in place of a son nor is the brother [worthy of inheriting] in place of a daughter. And similarly, Rabbi Yohanan [ben Beroka] agrees that if he made the first born equivalent to the [other] sons, he has not said anything, as it is written (Deuteronomy 21:16): “he may not treat as first-born the son of the loved one.” And the Halakha is according to Rabbi Yohanan ben Beroka.
8.5.9
אין רוח חכמים נוחה הימנו – The Sages have no pleasure from his actions, and even if his sons did not conduct themselves appropriately. Perhaps, there will arise from them a higher-level seed. But the Halakha is not according to Rabbi Shimon ben Gamaliel.
8.6.1
זה בני נאנון – to inherit him and to exempt his wife from levirate marriage.
8.6.2
זה אחי אינו נאמן – to cause him to inherit with his brothers, for they do not recognize him.
8.6.3
ונוטל עמו בחלקו – as for example, if they are two brothers, besides the doubt, and they have to divide three fields, This one takes a field and one-half, and that one takes a field and one-half, and the third one testifies on the doubt that he is their brother, he gives him one-half of the field, but the other does not give him anything, or he says to him: “bring proof and then take.”
8.6.4
מת – [the one about whom there is] doubt.
8.6.5
יחזרו – those properties that his brothers gave him.
8.6.6
למקומן – meaning to say, to whomever had given them to him, but the other brothers do not inherit with him.
8.6.7
נפלו לו – to the one [about whom there is] doubt.
8.6.8
נכסים ממקום אחר – during his lifetime; or he bought property and now is dead.
8.6.9
ירשו אחיו – of the one who testifies that he is their brother.
8.6.10
עמו – for surely he admits to them that he is their brother, but these words [concern] when the rest of the brothers did not deny to state that he definitely is not their brother, but rather claim that they don’t recognize him, but if they deny that he is their brother, they do not inherit him other than the one who testified about him alone.
8.6.11
דיאתיקי – a will of someone on his deathbed. And the language of דיאתיקי is this what shall be established and come to pass.
8.6.12
קשורה לו ביריכו – that is not to say that after it was written and placed there, even so it is worthless, for he did not complete to transfer possession other than with the receipt of a document, but there is no document after death.
8.7.1
צריך שיכתוב מהיום ולאחר מיתה – that implies the body of the land will be acquired by you from today, but you will not eat of the fruits until after death, but if he did not write, “from today,” he did not give him anything for there is no gift after death.
8.7.2
אינו צריך – [it is not necessary] to write “from today, for since he wrote in the document: “on such-and-such day of the week, so-and-so told us, “be for me witnesses,” the date [and time] of the document proves that from that day, the gift began. But if he did not say this, the time that is written in the document – for what purposes was it written? And the Halakha is according to Rabbi Yosi.
8.7.3
לאחר מותו – from today and after death.
8.7.4
האב אינו יכול למכור – without the son, for the body [of the estate] was acquired by the son.
8.7.6
מכר האב – [the father sold] in an undefined manner the fruits are sold to the purchaser, until the father dies.
8.7.7
מכר הבן – during the lifetime of the father, [the son sold it], the purchaser does not have the fruits until the father dies.
8.7.8
האב – who wrote that his property is to go to his son from today and after death, may pluck up and feed the fruit to whomever he desires during his lifetime, but what he left that is attached [is deposed] at the time of death. Even though that it stands to be plucked up, they belong to the son who receives the gift. But he who writes that all of his property is to go to someone else, even what he had left attached to the ground at the time of his death, it belongs to the inheritors, for the intention of a person is closer to his son than to anyone else.
8.7.10
מתפרנסין – garments and clothing because the support of the older children is greater than the support of the younger children.
8.7.11
נזונים – food and drink, because the food of the younger children is greater than that of the older children, who eat many times and scatter. Therefore, the younger children prevent the older children from supporting themselves from that which belongs to the estate of the house, and the older children prevent the younger children from being fed, but rather, each one is supported and fed from his portion.
8.7.12
נשאו גדולים – they made all the needs of the wedding from the estate of the house after the death of their father, the younger children will also get married with [the support of] the estate of the house.
8.7.14
ואם אמרו הקטנים – behold, we will get married in the manner that you married during the lifetime of our father, we don’t listen to them, but rather, what their father gave them during his lifetime, he gave [them.
8.8.1
הניח בנות – but not sons.
8.8.2
שהבנות נזונות מן הבנים – according to the conditions of the Jewish marriage contract/Ketubah, for the young daughters are not supported [at the expense of] the older daughters, and in a place where there are no sons who inherit, the daughters do not eat according to the conditions of the Ketubah but rather they divide it equally, and each one is supported from her own [portion] (see Tractate Ketubot, Chapter 6, Mishnah 6 for a comparison).

Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org Licence: CC-BY. Source.