Les Nombres 27:8 Références du Talmud : Jerusalem Talmud Bava Batra, Jerusalem Talmud Yevamot, Jerusalem Talmud Nedarim & Jerusalem Talmud Ketubot

MISHNAH: Some inherit and bequeath; inherit but do not bequeath, bequeath but do not inherit, neither inherit nor bequeath¹Among relatives.. The following inherit and bequeath: The father from the sons, and the sons from the father, and the paternal brothers inherit and bequeath²The father inherits from his childless son. The sons inherit from their father. The brothers inherit from their childless brother after the father’s death.. A man from his mother, a man from his wife, and the sons of sisters inherit but do not bequeath³A son inherits from his widowed or divorced mother. A husband inherits from his wife. The sons of sisters inherit from an uncle who died without children or brothers. But women do not inherit except daughters of a man who died without sons.. A woman to her son, a woman to her husband, and the mother’s brothers bequeath but do not inherit³A son inherits from his widowed or divorced mother. A husband inherits from his wife. The sons of sisters inherit from an uncle who died without children or brothers. But women do not inherit except daughters of a man who died without sons.. But the maternal brothers neither inherit nor bequeath⁴Maternal halfbrothers are not considered relatives for the law of inheritance since Num. 26:55 restricts inheritance to “the paternal tribe.”.
The order of inheritances is the following: “If a man die without a son, you shall transfer his estate to his daughter⁵Num. 27:8. Biblical law of inheritance is derived mainly from Num. 27:8–11..” The son precedes the daughter and all the son’s descendants come before the daughter⁶If at the death of the father a daughter is alive and also a predeceased son’s daughter, the granddaughter will inherit but not the daughter. On the other hand, the daughter has a claim on the estate for support or dowry, cf. Mishnah 11, Ketubot 13:3.. The daughter precedes the brothers and all the daughter’s descendants precede the brothers. The brothers precede the father’s brothers and all their descendants precede the father’s brothers. This is the principle: For every one preceding in inheritance, his descendants precede⁷Only agnates inherit; all claims to inheritance are valid per stirpes.. But the father precedes all his descendants⁸But not his grandchildren. If a son dies during his father’s lifetime, the father inherits only if the son left no descendants. Since the brothers only could inherit as their father’s descendants, they cannot inherit if the father is alive..

HALAKHAH: “Some inherit and bequeath,” etc. It is written: “If a man die without a son, you shall transfer his estate to his daughter⁵Num. 27:8. Biblical law of inheritance is derived mainly from Num. 27:8–11..” Rebbi Ismael stated: The verse distinguished this inheritance from all other inheritances mentioned in the Torah, since for all of them it is written “you shall give,¹⁰The inheritance of the agnates, verses Num. 27:9–11.” but here is written: “you shall transfer.” It is an extension of the law¹¹He reads the hiph‘il “to transfer” in the meaning of pi‘el “to be pregnant”, to express an exception to the usual rules. As stated at the end of the paragraph, the inheritance of the daughter implies a transfer of the property to her sons, who belong to her husband’s family, not her father’s. that the daughter shall inherit. The Gentile Sages say, son and daughter are equal¹²This is the rule in Roman and Egyptian native law while in Egyptian Greek law the daughter inherited only if her dowry had not been paid (cf. R. Taubenschlag, The Law of Greco-Roman Egypt in the Light of the Papyri, New York 1944, §11.), for they explain “if he have no son;” therefore, if he has one both are equal. One objected, is it not written “if he have no daughter;¹³Num. 27:10.” therefore, if he has one are both equal¹⁴Would a daughter have to share her inheritance with the agnate uncles?? And you agree, if there is no child¹⁵A man’s brothers only inherit in the absence of stirpes., here also, if there is no son¹⁶A daughter only inherits in the absence of sons.. The Sadducees say, the son’s daughter and the daughter are equal¹⁷Babli 116b., for they explain: Since my son’s daughter who comes by force of her father does inherit from me, would it not be logical that my daughter who comes by force of myself should inherit from me? One told them, no. If you mention the son’s daughter who only inherits by the power of the brothers, what could you say about the daughter who only inherits by the power of the old man¹⁸The deceased son’s daughter inherits her father’s share in her grandfather’s estate; her claim is the same as that of any of her uncles. But a daughter who has brothers has no claim whatsoever on her father’s estate; she only has a lien on the estate for her dowry if at her father’s death she was not yet married. The principles of the claims of a son’s daughter and a daughter are different. Sifry Num.134.? The verse says, “any daughter who is an heiress of the tribes¹⁹Num. 36:8. The verse really reads: Any daughter, heiress of property, of the tribes of the Children of Israel, … But the word מִמַּטּוֹת carries a (minor) dividing accent which may justify the truncation in the quote..” How is it possible for a daughter to inherit from two tribes? But explain it if her father was from one tribe and her mother from another²⁰The same text in Ta‘aniot 4:11, 69c l. 37 and the Babli 111a..

Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses²⁴The question whether an unborn child can inherit and receive gifts is discussed in Babli Baba Batra141b/142a, Yerushalmi Baba Batra 9:1 in a similar way. The opinion of R. Eleazar is attributed to (the slightly older) Rav Huna in the Babli.. Rebbi Yose²⁵R. Yose, the fifth generation Amora, colleague of R. Jonah. In ms. A, the name appears as ר׳ יונסה, a confluence of both names. said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive²⁶In Babli Baba Batra 142a, that a gift to a minor is acquired only at the time of birth is the opinion of Rav Naḥman, Samuel’s foremost student in matters of civil law.. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit²⁷After birth, the gift is valid from the time it was given but it is not acquired (and cannot be invested by the baby’s trustees) before birth.. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina²⁸100 drachmae. In the parallel, Baba batra 141b, only the male baby is mentioned. In Yerushalmi Baba batra9:2, edited by a different group, and Tosephta Baba batra 9:5, a different text, the male gets double the amount of the female., if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa²⁹It seems here that instead of ר׳ יוסה (in both mss.) one should read ר׳ יסה; he is R. Yasa (Assi), contemporary of R. Eleazar. said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate³⁰The rules of emergency wills, which are much more lenient than those of standard wills, are detailed in tractates Giṭṭin and Baba batra. Real estate can be acquired only if all rules are followed; since the fetus cannot perform the act of acquisition, no real estate can be transferred to him on the death bed.. A baraita disagrees with Rebbi Eleazar. “³¹A similar baraita in Babli Baba batra 142a. If a proselyte has no children after he became Jewish, his estate has no heirs; so anybody who wants to may take it. It is assumed here that if the deceased had a wife, he died without a will and she was not present since either way she immediately could lay claim to the entire property. Therefore, it is stated that only later it became known that the widow was pregnant. If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this³²The unborn baby inherits his father’s estate. This is a biblical decree (Num. 27:8).? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died³³And again there are no legal heirs. or she had a miscarriage³⁴If a fetus cannot acquire, then the first group of people who had returned what they had taken, simply should be given back what they had returned. If a fetus can acquire, then the first group took the possession illegally and they should not be considered as owners., anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living³⁵In the interpretation of R. Yose, the return was in error and the people who took first should take their property back.! Rebbi Isaac bar Eleazar³⁶In Baba batra 9:1 this is an anonymous statement of the editors. In ms A: R. Eleazar. Cf. Berakhot 7:117. said, because of abandoning³⁷The owners had given up hope to recover their property. Then they had given up ownership. Loss of ownership by giving up hope of recovery is the topic of Baba meṣi‘a 2.. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan³⁸A Babylonian in Galilee, older than R. Ḥiyya bar Abba, student of Rav Huna. The next name, R. Nathan, seems to be corrupt; possibly one should read “R. Eleazar”. Unfortunately, two lines are missing here in ms. A.: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider³⁹Since in the presence of sons she does not inherit (but can claim support from the estate and a dowry).? Bar Qappara stated: “On transfers benefit to a one day old.⁴⁰He denies that an unborn child can inherit or receive gifts; cf. Mishnah Niddah 5:3.”