Talmud su Deuteronomio 21:17

MISHNAH: Both son and daughter⁷⁵If there are no sons, the rules of inheritance apply to daughters as if they were sons. are equal for the rules of inheritance, except that the son take a double portion of the father’s property⁷⁶Deut. 21:17. The entire paragraph only deals with father and son; since the mother is neither required nor empowered to recognize a child as hers, it cannot refer to the mother’s inheritance.
It probably is correct to read פִּי שְׁנַיִם as “double portion” rather than “two thirds” which would read פִּים (1S.13:21); cf. Sifry Deut. #217. The double portion of male first-borns is also found in the Egyptian native law both in Ptolemaic and in Roman times and the Syro-Roman law book. but no double portion of the mother’s property. And the daughters can claim sustenance from the father’s property⁷⁷After the father’s death; cf. Mishnah 9:1, Ketubot 4:8. but not from the mother’s property.

HALAKHAH: “Both son and daughter are equal for the rules of inheritance,” etc. It is written^76,Deut. 21:17. The entire paragraph only deals with father and son; since the mother is neither required nor empowered to recognize a child as hers, it cannot refer to the mother’s inheritance.
It probably is correct to read פִּי שְׁנַיִם as “double portion” rather than “two thirds” which would read פִּים (1S.13:21); cf. Sifry Deut. #217. The double portion of male first-borns is also found in the Egyptian native law both in Ptolemaic and in Roman times and the Syro-Roman law book.⁷⁸The verse makes it clear that only property actually at hand in the estate at the moment of the father’s death is subject to the double portion privilege of the firstborn son, but not expected income (Sifry Deut. 217).: “Of anything which will be found with him,” etc. How could he inherit the expectancy like existing property? ⁷⁹Tosephta 7:7, Bekhorot 6:18. How? If his father died during his father’s father’s lifetime, he takes a double portion of his father’s estate but not a double portion of his grandfather’s estate. But if his father was a firstborn, just as he takes from his father’s estate so he takes from his grandfather’s estate⁸⁰If the grandfather dies after the father, the grandson can take a double portion of the former’s estate only if he is the only son of a firstborn son. If his father had been a firstborn but has brothers, the rule of Mishnah 1 implies that their father’s estate inherits a double portion in the grandfather’s estate. Since this is future income, all brothers inherit equally. Cf. Babli Bekhorot 52b.. Rebbi Simeon ben Laqish in the name of Abba [Cohen]⁸¹Reading of E; this is the name usually quoted. bar Delaiah: It was said “a rule of law⁷⁶Deut. 21:17. The entire paragraph only deals with father and son; since the mother is neither required nor empowered to recognize a child as hers, it cannot refer to the mother’s inheritance.
It probably is correct to read פִּי שְׁנַיִם as “double portion” rather than “two thirds” which would read פִּים (1S.13:21); cf. Sifry Deut. #217. The double portion of male first-borns is also found in the Egyptian native law both in Ptolemaic and in Roman times and the Syro-Roman law book.” in the matter of a double portion just as it was said “a rule of law⁸²Num. 27:11.” in the matter of a single portion. Since for a single portion one considers the son as if he were alive to take his father’s single portion⁷Only agnates inherit; all claims to inheritance are valid per stirpes. so for a double portion one considers the son as if he were alive to take his father’s double portion⁸³The rule of Mishnah 2 applies to double portions as well as single ones..

MISHNAH: He who says, this is my son, is to be believed¹⁴²Deut. 21:17 is interpreted to mean that the father has the right to recognize a son without submitting a proof; his statement has to be accepted by the court. There is no difference whether the son was born from a licit or an illicit union; as long as the mother was Jewish the son frees the childless wife from levirate marriage and is entitled to a full share in the inheritance (Mishnah Yebamot 2:6).. This is my brother, he is not to be believed¹⁴³If he presents an otherwise unknown person as his paternal half-brother, he is required to provide proof since the half-brother would 1° reduce his other brothers’ share in their father’s estate and 2° require levirate marriage in case the deceased had no other brothers and died childless. Since he acts to the detriment of others, he cannot be believed without solid proof. but he shall split his part with him¹⁴⁴Since a person can take an obligation on himself, by recognizing the stranger as his half-brother he acknowledged the latter as a co-heir. Since he cannot diminish the share of his other brothers, he must share his own inheritance with the stranger.; if he dies the properties shall return to their origin¹⁴⁵His heirs are not his own children but the sons of the man who recognized him as half-brother. Their father’s unsubstantiated recognition of the stranger cannot impair his son’s rights.. If he received property from another source, his brother shall inherit with him¹⁴⁶If the stranger accepted the status of paternal half-brother and then died without issue, the half-brother inherits.. If somebody died and a will¹⁴⁷Cf. Bava meṣia‘ 1:7, Note 90. was found tied to his hip, this is nothing¹⁴⁸Since a person can give away property only when he is alive, a will is valid only if either it was a public document (a death-bed will) or contains a note that an act of transfer of property was executed during the testator’s lifetime. Without such a remark, the will is invalid. If in it he transferred property to another¹⁴⁹E. g., that it was signed by witnesses on behalf of the beneficiaries., whether of the heirs or not of the heirs, his words are confirmed¹⁵⁰Once part of a will is valid, the entire will is valid..