Talmud su Numeri 36:14

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..

Rebbi Ze‘ira asked before Rebbi Abbahu: It is written⁶²Num. 36:4. The argument of the tribe of Manasseh is that if Salpaad’s five daughters (representing most of the Cisjordanian tribe) would marry outside the tribe, their territory would be inherited by their husband’s tribes and be lost to Manasseh.: “If the Jubilee will happen for the Children of Israel.” If the institution of the Jubilee exists⁶³I. e., as long as the 12 tribes were living on their ancestral lands., inheritances return; if the institution of the Jubilee does not exist, inheritances do not return⁶⁴From the moment that the tribes of Gad and Reuben were deported by the Assyrians, in all other parts of Canaan the land no longer had to be returned to its original owners by the buyers in the Jubilee year. Cf. Ševi‘it1:1, Note 7.. It is the opposite way, it comes to tell you that even if the institution of the Jubilee exists and inheritances return, inheritance by biblical law does not return⁶⁵While the verse does not directly prove that the wife’s property is inherited by her husband, it certainly implies that it is given to her sons as ancestral lands.!

HALAKHAH: ³⁹¹Babli 30b. One understands the Day of Atonement which is atonement for all of Israel. ³⁹²Babli 30b,31a; Bava batra 121a. Why on the Fifteenth of Av? Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: For this is the good time to cut wood, because any wood cut on this day does not develop worms; as we have stated there, “any wood containing a worm is disqualified from the altar.³⁹³Mishnah Middot 2:5. In the Babli the reason is given that this is the last day on which wood for the altar may be cut before the rainy season.” Rav Ḥiyya bar Ashi in the name of Rav, because on it Hoshea ben Ela abolished the guards which Jeroboam ben Nabath posted on the roads³⁹⁴To prohibit pilgrimages to Jerusalem.. Cahana asked [Rav]. He did all this good deed and it is written about him³⁹⁵2K. 17:3., against him came Salmanessar the king of Assyria? He answered him, because he removed the collar from his neck and hung it on the community’s neck. He did not say, all the people should go on pilgrimage, but, any one who wants to go may go. Rebbi Samuel bar Rav Isaac, but some say in the name of Rebbi Samuel bar Naḥman: On it the tribes were permitted to intermarry. As it is written³⁹⁶Num. 36:7., family heritage should not be transferred from tribe to tribe; but the Children of Israel shall stick everyone to the family heritage of his forefathers, etc. And it is written³⁹⁷Num. 36:8., any daughter inheriting family heritage in the tribes of the Children of Israel, etc. How is it possible for a daughter to inherit from two tribes? Explain it if her father was from one tribe and her mother from another tribe³⁹⁸According to the Babli, a later generation read Num. 36 to apply only to the daughters of Salpaad and their contemporaries.. But the Rabbis say, on it the tribe of Benjamin was permitted to intermarry, as it is written³⁹⁹Jud. 21:18., cursed be he who gives a wife to Benjamin. They read a verse and included him; they read a verse and excluded him. They read a verse and included him⁴⁰⁰Gen. 48:5., Ephraim and Manasse shall be to me like Reuben and Simeon. They read a verse and excluded him, a people and community of peoples shall be from you and kings will come from your loins⁴⁰¹Gen. 35:11.
In the explanations, the terms “included” and “excluded” have to be switched. The text follows the usual pattern, that if possibilities A and B are raised, B is explained before A. Since the number 12 of tribe cannot be changed, either Joseph is counted as one tribe and Benjamin is included (35:11), or Ephraim and Manasse are counted as full tribes, there seems to be no place for Benjamin. This logic is not followed by the Babli., and Benjamin was not yet born. ⁴⁰²Thr. rabba, Introduction (33). Rebbi Abun said, digging stopped on it, as Rebbi Levi said, on every eve of the Ninth of Av, Moses had a declaration published in all the encampment and said, go out for digging, go out for digging. They went out, dug graves for themselves, and slept. In the morning they were getting up and found themselves missing 15’000 and detail⁴⁰³If always the same number died on the Ninth of Av and nobody during the year, the number would be 600’000:38 = 15’789.47.. In the last year they did that, got up, and found themselves whole. They said, maybe we erred in the computation. The same on the Tenth, the Eleventh, the Twelfth, the Thirteenth, and the Fifteenth. Since the moon was full they said, it seems that The Holy One, praise to Him, vacated this hard judgment against us. They got up and made a holiday.

HALAKHAH: ³⁹¹Babli 30b. One understands the Day of Atonement which is atonement for all of Israel. ³⁹²Babli 30b,31a; Bava batra 121a. Why on the Fifteenth of Av? Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: For this is the good time to cut wood, because any wood cut on this day does not develop worms; as we have stated there, “any wood containing a worm is disqualified from the altar.³⁹³Mishnah Middot 2:5. In the Babli the reason is given that this is the last day on which wood for the altar may be cut before the rainy season.” Rav Ḥiyya bar Ashi in the name of Rav, because on it Hoshea ben Ela abolished the guards which Jeroboam ben Nabath posted on the roads³⁹⁴To prohibit pilgrimages to Jerusalem.. Cahana asked [Rav]. He did all this good deed and it is written about him³⁹⁵2K. 17:3., against him came Salmanessar the king of Assyria? He answered him, because he removed the collar from his neck and hung it on the community’s neck. He did not say, all the people should go on pilgrimage, but, any one who wants to go may go. Rebbi Samuel bar Rav Isaac, but some say in the name of Rebbi Samuel bar Naḥman: On it the tribes were permitted to intermarry. As it is written³⁹⁶Num. 36:7., family heritage should not be transferred from tribe to tribe; but the Children of Israel shall stick everyone to the family heritage of his forefathers, etc. And it is written³⁹⁷Num. 36:8., any daughter inheriting family heritage in the tribes of the Children of Israel, etc. How is it possible for a daughter to inherit from two tribes? Explain it if her father was from one tribe and her mother from another tribe³⁹⁸According to the Babli, a later generation read Num. 36 to apply only to the daughters of Salpaad and their contemporaries.. But the Rabbis say, on it the tribe of Benjamin was permitted to intermarry, as it is written³⁹⁹Jud. 21:18., cursed be he who gives a wife to Benjamin. They read a verse and included him; they read a verse and excluded him. They read a verse and included him⁴⁰⁰Gen. 48:5., Ephraim and Manasse shall be to me like Reuben and Simeon. They read a verse and excluded him, a people and community of peoples shall be from you and kings will come from your loins⁴⁰¹Gen. 35:11.
In the explanations, the terms “included” and “excluded” have to be switched. The text follows the usual pattern, that if possibilities A and B are raised, B is explained before A. Since the number 12 of tribe cannot be changed, either Joseph is counted as one tribe and Benjamin is included (35:11), or Ephraim and Manasse are counted as full tribes, there seems to be no place for Benjamin. This logic is not followed by the Babli., and Benjamin was not yet born. ⁴⁰²Thr. rabba, Introduction (33). Rebbi Abun said, digging stopped on it, as Rebbi Levi said, on every eve of the Ninth of Av, Moses had a declaration published in all the encampment and said, go out for digging, go out for digging. They went out, dug graves for themselves, and slept. In the morning they were getting up and found themselves missing 15’000 and detail⁴⁰³If always the same number died on the Ninth of Av and nobody during the year, the number would be 600’000:38 = 15’789.47.. In the last year they did that, got up, and found themselves whole. They said, maybe we erred in the computation. The same on the Tenth, the Eleventh, the Twelfth, the Thirteenth, and the Fifteenth. Since the moon was full they said, it seems that The Holy One, praise to Him, vacated this hard judgment against us. They got up and made a holiday.

“An oath that I shall eat this loaf;” etc. ¹³³Since by the first oath he became obligated to eat the loaf by biblical rules, the second oath has a similar status as an oath to violate a biblical commandment.Vain and untruth both were said together, which is impossible for the ear to hear and the mouth to say. Its desecrator shall be put to death and on the Sabbath day two sheep¹³⁴Ex. 31:14, Num. 28:9. were said together. Do not wear ša`aṭnez, fringes you shall make for yourselves¹³⁵Deut. 22:11–12., both were said together. The nakedness of your brother’s wife and her brother-in-law shall come to her¹³⁶Lev. 18:16, Deut. 25:5. were said together. You shall not move property; any daughter inheriting real estate¹³⁷Num. 36:8–9. both were said together, which is impossible for the mouth to say and the ear to hear. And so it says, God spoke once, two I heard from this¹³⁸Ps. 62:12.. And it says, is not My word like fire, says the Eternal¹³⁹Jer. 23:29. The reference is to the end of the verse, and like a hammer splintering rock..