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Home / Jewish law and estates / The Talmud says a dying man left everything to his one true son out of ten, and a rabbi…
Case file s1367 · Jewish law and estates · 220
220
Bavli Kiddushin Munich 95: העמוד הראשון של מסכת קידושין בכתב יד מינכן 95
Bavli Kiddushin Munich 95. שלמה בן שמשון. Public domain, Wikimedia Commons.
Died
c. AD 220, early 3rd century CE (traditional dating)
Place
Land of Israel (Tiberias tradition)
Field
Talmudic judge · Law and courts on the timeline
Legal tradition
Jewish law of inheritance and of bequests by a dying man · Jewish and biblical law
Historical event
End of the Mishnaic period

Scripture: this account comes from a sacred text. Court and archive records of it do not exist.

The Talmud says a dying man left everything to his one true son out of ten, and a rabbi found him by telling the sons to beat their father's grave

Tractate Bava Batra 58a tells two inheritance cases brought to Rabbi Bana'ah. In the first, a dying man said: a barrel of earth to one son, a barrel of bones to another, a barrel of wool to the third. Bana'ah asked whether the father had left land, livestock and quilts. He had, so Bana'ah divided them that way. In the second, a man overheard his wife tell their daughter that of her ten sons only one was her husband's. When he was dying he said: all my property to one son. He did not say which. The sons came to Bana'ah. He told them to go and strike their father's grave until he rose and told them which son was the heir. Nine went. One refused. Bana'ah gave him the whole estate. The other nine denounced Bana'ah to the authorities as a judge who took property from people without witnesses or evidence, and he was imprisoned. The Talmud says he was released after solving a riddle and was made a judge. The Jewish Encyclopedia calls the story a legend. Bana'ah was a Palestinian scholar of the early 3rd century who headed an academy in Tiberias, where his student Johanan later taught.

What the law took from it

A bequest that names no heir leaves the choice to a judge, and the losing heirs may turn on the judge.

Cite as: celebrity.estate, “The Talmud says a dying man left everything to his one true son out of ten, and a rabbi found him by telling the sons to beat their father's grave,” story s1367, https://www.celebrity.estate/ten-sons-fathers-grave-220, updated 30 October 2026.

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