כֵּ֗ן בְּנ֣וֹת צְלָפְחָד֮ דֹּבְרֹת֒ נָתֹ֨ן תִּתֵּ֤ן לָהֶם֙ אֲחֻזַּ֣ת נַחֲלָ֔ה בְּת֖וֹךְ אֲחֵ֣י אֲבִיהֶ֑ם וְהַֽעֲבַרְתָּ֛ אֶת־נַחֲלַ֥ת אֲבִיהֶ֖ן לָהֶֽן׃
“Tama ang sinasabi ng mga anak na babae ni Zelofehad. Tiyak na bibigyan mo sila ng pag-aaring mamanahin sa gitna ng mga kapatid ng kanilang ama, at ipapasa mo sa kanila ang mana ng kanilang ama.
Jerusalem Talmud Ketubot
MISHNAH: If somebody writes to his wife1After the preliminary but before the definitive marriage, when he does not yet have the administration of her properties.: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues2If the wife invests some or all of the revenue from her holdings, these new holdings are not referred to in the renunciation. They represent new paraphernalia and as such their administration is the husband’s, who receives their yield. unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits3I. e., even the yield of the k-th re-investment of prior yields, k = 1,2, …, is excluded by this contract..” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah4Since in rabbinic interpretation (disputed by Sadducees/Karaites) the husband inherits from his wife but the wife not from her husband; cf. Babli Baba batra 111b, Sifry Num. 134. In the opinion of R. Ismael, this cannot be established from the pentateuchal law of inheritance (Num. 27:7–11) but from the books of Josua, 34:33, and 1Chr.2:22. According to R. Aqiba, the husband’s right of inheritance follows by twisting the text of Num. 27:11., and anybody’s condition contradicting what is written in the Torah is invalid5As a general principle, this is Mishnaiot Baba meṣiʻa 7:14, Baba batra8:5. Quoted in Peah 6:10 (Note 159), Giṭṭin 9:1 (50a 1.48), Qiddušin 1:2 (59c 1.40), Baba meṣiʻa 7:10 (11c 1.11); Babli 56a/b, 83b, 84a, and 7 other quotes.
As far as money matters go, his opinion is that of a minority of one; cf. Chapter 5, Note 207. He will agree that in matters of revenues, whose assignment to the husband is purely rabbinic usage, there are no restrictions in the freedom to contract..
As far as money matters go, his opinion is that of a minority of one; cf. Chapter 5, Note 207. He will agree that in matters of revenues, whose assignment to the husband is purely rabbinic usage, there are no restrictions in the freedom to contract..
Jerusalem Talmud Bava Batra
HALAKHAH: “Zelophehad’s daughters,” etc. 39Babli 119b; Tanḥuma Pineḥas 6, 9 ,Tanḥuma Buber Pineḥas 8, 9, Num. rabba Pineḥas 11. Zelophehad’s daughters said before our teacher Moses: If we are Zelophehad’s daughters, we should inherit from our father. If we are not Zelophehad’s daughters, let our mother enter levirate marriage40If daughters cannot inherit then the widow of a man who dies without sons should be treated like the widow of a childless man, Deut. 25:5–9. Since the latter conclusion obviously is impossible, so is the hypothesis from which it follows.. Immediately, “41Num. 27:5. he brought their suit before the Eternal.” The Holy One, praise to Him, told him, “42Num. 27:7–8. Zelophehad’s daughters speak correctly. Give them possession of inheritance,” give them real estate, give them movables, give them their father’s part among their father’s brothers.
Jerusalem Talmud Bava Batra
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.”.