Talmud sur Les Nombres 26:11

“And he shall inherit from her¹²²Num. 26:11: “If his father had no brothers, transfer his estate to his relative who is closest to him of his family; he shall inherit (from) her.” In the verse, the feminine her refers to the estate. The identification of her with the wife is R. Aqiba’s (Sifry Num.134). In Lev. 18, the masculine word שְׁאֵר “relative” is used exclusively for female relatives..” I could think that just as he inherits from her, she should inherit from him¹²³Babli 111b.. The verse says, “from her.” He inherits from her, she does not inherit from him¹²⁴He explains the emphasis, “he shall inherit her” when the same could have been expressed by the shorter, וְיָֽרְשָׁהּ. The additional word used for her implies not him.. Rebbi Joḥanan said, the words of the Sages are that her father inherits from her, her brothers inherit from her¹²⁵They reject R. Aqiba’s derivation. Her in the verse refers to the estate; by biblical law her clan should be her heirs. The inheritance of the husband is purely rabbinical.. Rebbi Abba bar Mamal objected: If you say that the inheritance status of a woman is not from the Torah, should he not inherit from his preliminarily wedded wife¹²⁶There really is no basis for this question since it is generally accepted that preliminary marriage be only relevant for criminal law whereas definitive marriage activates all financial aspects of a marriage (cf. Introduction to Tractate Qiddušin.) The question is rather whether there be a biblical basis for the common law practice that the husband’s claim on the wife’s property only starts with definitive marriage, when the couple starts living together.? As you say there, “the one close to him,¹²⁷Probably one should read הַקָּרוֹב both times for הַקְּרוֹבָה. In Lev. 21:2 the expression שְׁאֵרוֹ הַקָּרֹב אֵלָיו “the relative close to him” is explained as “his wife who is close to him,” i. e., his definitively wedded wife, since all other closely related relatives are enumerated in vv. 2–3. The mention of closeness excludes the preliminarily wedded one since intimacy with her is forbidden to him [Sifra Emor (4)].” not the preliminarily wedded one, so also here, “the one close to him,” not the preliminarily wedded one. Rav Hamnuna objected: If you say that a woman does not inherit by the word of the Torah, should not the husband inherit the expectancy like existing property¹²⁸If the heiress wife dies before her father, his estate will go to her childen. Since in general common law gives her inheritance to her husband, why not in this case also?? Rebbi Yose said, so did Rebbi teach: The husband does not take the expectancy like that which is at hand¹²⁹This is a statement of fact: Moneys due to the wife after her death go to her children, rather than her surviving husband. Babli 125b.. Rebbi Yose ben Rebbi Abun said, there is the first-born whose inheritance is from the Torah but he does not take the expectancy like that which is at hand^79,Tosephta 7:7, Bekhorot 6:18.¹³⁰There is biblical precedent to exclude future income from present distribution..