Mga Sanggunian sa Talmud para sa Mga Bilang 26:55: Jerusalem Talmud Bava Batra

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..

³²Cf. Babli 115a. The argument is intended to show a biblical source for the claim that the rules of inheritance are to be interpreted per stirpes.“Son.” Not only a son, from where a daughter’s son? The verse says, “a son³³No definite article is used in the paragraph, to allow maximum freedom of interpretation.”, from anywhere. “Daughter.” Not only a daughter, from where a daughter’s son, a son’s daughter, daughter’s daughter, a son’s son? The verse says, “a daughter”, from anywhere. “Brothers.” Not only brothers, from where brothers’ sons, brothers’ daughters, brothers’ sons’ daughters? The verse says, “his flesh’s relatives”, from anywhere³⁴As long as an agnate exists, no matter how many generations one would have to go back, he becomes the heir. Only the male ancestors are considered since Num. 26:55 requires that inheritance be governed by “the names of the fathers’ tribes.”.

⁴³Babli 117a; a different version Tanḥuma Pineḥas 5 = Num. rabba21(9). Rebbi Joshiah said, the Land was distributed to those who left Egypt, as it is written: “By the names of the fathers’ tribes they shall inherit.⁴⁴Num. 26:55, referring to the census Num. 1.” Then why does the verse say: “To those⁴⁵Num. 26:53. The verse asserts that the distribution of land has to be based on the census of Num. 26.”? Only because of women⁴⁶The daughters of Zelophehad. and because of children⁴⁷As will be explained later, Notes 63 ff.. Rebbi Joḥanan⁴⁸One has to read with E and the Babli “Jonathan” as contemporary of R. Joshiah. said, the Land was distributed to those who entered the Land⁴⁹Each of the persons counted in the second census became a candidate for a piece of land similar in value to that of any other., as it was said, “to those it shall be distributed⁴⁵Num. 26:53. The verse asserts that the distribution of land has to be based on the census of Num. 26..” Then why does the verse say: “By the names of the fathers’ tribes”? This inheritance was different from all other inheritances in the world. For in all other inheritances in the world the living inherit from the dead but here the dead from the living⁵⁰While the number of lots was determined by the second census, the final allotment was made through the first census as explained by Rebbi in the section after the next.. It was stated⁵¹117a/b (R. Simeon ben Eleazar), slightly differently Tosephta 7:8 (R. Eliezer ben Jacob).: Rebbi Joshua ben Qorha said, the Land was distributed to those who left Egypt and to those who stood in the plains of Moab. How is that? If one was both of those who left Egypt and those who stood in the plains of Moab, he took two parts⁵²In the Tosephta: It was given to those who left Egypt and distributed to those who stood in the plains of Moab.. Of those who left Egypt but not of those who stood in the plains of Moab, or of those who stood in the plains of Moab but not of those who left Egypt, he took one part. The daughters of Zelophehad took five parts: their part with those who left Egypt⁵⁴The decree that those who left Egypt could not enter the Land applied neither to women nor to Levites. and their part with those who stood in the plains of Moab. And because he⁵⁵Zelophehad. Even though the rule that the firstborn takes a double portion does not apply to expected acquisitions of the estate, here it is considered already acquired because of God’s promise in Egypt (Ex. 6:8). was a firstborn they took two parts. And their father’s part among his brothers. Rebbi Yose said, the Mishnah says otherwise⁵⁶They only received three parts. The Mishnah can only be interpreted following R. Joshiah.. But “giving you shall give them inheritance among their father’s brothers.⁴²Num. 27:7–8.” That is what is written: “Ten measures fell to Manasseh⁵⁷Jos. 17:5. It is explained in Jos.17:2 that Gilead and Bashan were given to the seven male clans of Manasseh, and the Cisjordan territory to the five female clans. If together this made ten districts, it follows that the five females in the plains of Moab, while representing only one person of the Exodus, received 3/10 of the entire territory of Manasseh.”.