פֿאַרבונדענע פּסוקים אויף במדבר 27:9

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..

“If he allots her to his son;” but he may not allot her to his grandson. Samuel bar Abba asked before Rebbi Ze‘ira: In matters of inheritance you recognize the grandson like a son but here you do not recognize the grandson like a son? Rebbi Ze‘ira said, if anybody explains this matter, I shall pour him spiced wine. Rebbi Naḥum answered: In matters of inheritance where the brother can take the place of a son and all others can take the place of the son, the grandson takes the place of a son. But here, where neither the brother nor any other relative can take the place of a son, the grandson cannot take the place of a son. The rabbis of Caesarea answered: In matters of impurity you consider a brother like a son and all [near] relatives like a son but not a grandson like a son. They said, there went the spiced wine.

“If he allots her to his son;” he allots her to his son but he may not allot her to his grandson. Samuel bar Abba asked before Rebbi Ze‘ira: In matters of inheritance you take the grandson like the son but here you do not take the grandson like the son¹⁸⁵If the son died before the father, the grandson inherits the son’s part.? Rebbi Ze‘ira said, if anybody explains this matter, I shall pour him spiced wine¹⁸⁶Latin conditum (sc., vinum),“spiced wine”.. Rebbi Tanḥum¹⁸⁷In Qiddushin: R. Naḥum, a third generation Amora, student of Samuel bar Abba. His name fits into the scheme of things but not the fifth generation R. Tanḥum. answered: In matters of inheritance where the brother can take the place of the son and all others can take the place of the son, the grandson takes the place of the son.¹⁸⁸Here, a sentence is missing which appears in the text of Qiddushin: וְכָאן שֶׁלֹּא עָשִׂיתָ אָח כְּבֵן וּשְׁאָר כָּל־הַקְּרוֹבִים כְּבֵן אֵין אַתְּ עוֹשֶׂה בֶן בֵּן כְּבֵן: “but here, where neither the brother nor the other relatives take the role of the son, the grandson does not take the role of the son.” The rabbis of Caesarea answered: In matters of impurity you consider the brother like the son and all [near] relatives like the son but not the grandson like the son¹⁸⁹In the list of close relatives who have to defile themselves for the burial of the deceased (Lev. 21:2–3), the grandson or grandfather is absent. Among Cohanim, the grandson may not defile himself for his grandfather.. He said, there went the spiced wine.