Talmud su Deuteronomio 21:16
וְהָיָ֗ה בְּיוֹם֙ הַנְחִיל֣וֹ אֶת־בָּנָ֔יו אֵ֥ת אֲשֶׁר־יִהְיֶ֖ה ל֑וֹ לֹ֣א יוּכַ֗ל לְבַכֵּר֙ אֶת־בֶּן־הָ֣אֲהוּבָ֔ה עַל־פְּנֵ֥י בֶן־הַשְּׂנוּאָ֖ה הַבְּכֹֽר׃
allora sarà, nel giorno in cui induce i suoi figli a ereditare ciò che ha, che non può rendere il figlio dell'amato il primogenito prima del figlio dell'odiato, che è il primogenito;
Jerusalem Talmud Ketubot
Rebbi Judah bar Pazi in the name of Rebbi Yose ben Ḥanina: If one of the brothers died, they all split evenly39If he dies without issue, all his paternal brothers inherit from him.. Rebbi Mana said, that is necessary if they did not yet divide the estate. You should not say that he should be considered nonexistent and his house should inherit from him40If the estate had been distributed by the time of his death, this would be a simple case of inheritance; in the absence of children his maternal brothers would inherit. But if the estate was not yet distributed, the question is whether the heirs are considered to have acquired their part at the moment of their father’s death or whether they acquire only at the time of the actual distribution. Clearly, for the part of the estate which is distributed under biblical law, all surviving full and halfbrothers inherit equally. But for the “ketubah of male children”, in the second case, only the maternal brothers share his part, while in the first they all share. R. Mana states here that an inheritance is acquired at the time of death of the bequeather. In the Babli, Baba batra 107a, this latter opinion is attributed to Rav; Samuel holds that “brothers at the distribution of the estate have the status of buyers from one another”, i. e., their status is determined only at the time of distribution. Since the Babli follows Samuel in money matters, it will deny R. Mana’s assertion.. If there was a (male) firstborn, you say the firstborn takes a double portion41Deut. 21:16–17. In that example, the firstborn takes 2/3 since there are only two sons.. What does he take? A double portion among his house or among all brothers42Is the “ketubah of male children” of the other wife exempt from the biblical rule of the firstborn?? Rebbi Hoshaia stated: If there were two groups of daughters, they all split evenly43Mishnah 4:10 refers only to male children. If all children are female, they each receive an equal share of the estate.. If there was a firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all ketubot?44It is not clear why this question is repeated since R. Hoshaia does not deal with sons at all and a female firstborn has no special rights.
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