Bibbia Ebraica
Bibbia Ebraica

Talmud su Numeri 27:10

וְאִם־אֵ֥ין ל֖וֹ אַחִ֑ים וּנְתַתֶּ֥ם אֶת־נַחֲלָת֖וֹ לַאֲחֵ֥י אָבִֽיו׃

E se non ha fratelli, allora darai la sua eredità a suo padre'fratelli.

Jerusalem Talmud Bava Batra

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..
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