Les Nombres 27:6 Références du Talmud : Jerusalem Talmud Ketubot, Jerusalem Talmud Bava Batra, Jerusalem Talmud Nedarim & Jerusalem Talmud Yevamot

HALAKHAH: “If a woman became widowed,” etc. We understand if she was divorced. If she became widowed, who opposes? The heirs⁵Only the husband’s descendants, and in their absence the husband’s family, do inherit; Num. 27:6–11. The widow can claim only her ketubah (in the absence of a will)..

So far a daughter²³In all paragraphs dealing with the laws of inheritance, Num. 27:6–11, 36:8–9, Deut. 21:15–17, only the father is mentioned. One might infer that these laws do not apply to the mother’s estate. Since Num. 36:8 mentions the daughter as heiress, one infers that the daughter inherits from her mother (Sifry Num. 134).. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe²⁴Babli 111a; Tosephta 7:10. Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna²⁵One has to read Rebbi Huna; the second generation Babylonian Rav Huna could not sit in a court together with two Galilean fourth generation judges, even though in the Babli, 111a, Rav Huna is reported to have erroneously followed R. Zachariah., Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman²⁶From here it seems that “bar Naḥman” was his family name. in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. ²⁴Babli 111a; Tosephta 7:10. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He²⁷R. Yannai. the senior authority. said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son²⁸This is R. Yudan the Prince’s objection.? Rebbi Joḥanan said to him²⁹Probably one should read, parallel to the Babli: He said to R. Joḥanan; since the student R. Joḥanan could not tell his teacher R. Yannai to insult the patriarch to his face., let us leave; that man does not want to listen to words of instruction.

HALAKHAH: “If somebody was married to two women,” etc. That refers to what Rebbi Immi said, that a man should be induced to give generously to his daughter³⁶Halakhah 4:12, Note 238.. If that is so, then even if there is no excess denar³⁷If the “ketubah of male children” was instituted so that people would increase their daughters’ dowries in the knowledge that the money will be transferred to their grandchildren, it does not seem reasonable to restrict the rules to sufficiently large estates.? Rebbi Abun said, in case you can uphold their words with the words of the Torah, you uphold their words with the words of the Torah³⁸If the estate is large enough, one can distribute the “ketubah of male children” and still have an estate which is distributed according to biblical law (Num. 27:6–11). Cf. M. A. Friedman, Jewish Marriage in Palestine, Tel Aviv 1980, vol. I, pp. 381 ff.. But in case you cannot uphold their words with the words of the Torah, you disregard their words and uphold the words of the Torah.