Talmud su Numeri 27:8

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..