Wednesday 17 May 2017

Bava Batra 115: Gender and the Order of Inheritance; Incest and a Sadducee Argument

The rabbis struggle to determine an order of inheritance and to whom different people can bequeath.  A number of verses are examined in attempts to prove that daughters and sons inherit equally from their mothers, that daughters cannot bequeath to their parents, and more.  

We learn about the halacha of inheritance in a new Mishna:

  • sons and their descendants inherit before all others
  • if the son dies without offspring, daughters and their offspring inherit
  • if the daughter dies, the father of the deceased inherits
  • if the father of the deceased has died, his brothers and their descendants inherit
  • if there are no brothers or descendants of brothers, then sisters of the deceased and their descendants inherit
  • if there are no sisters or descendants of sisters, then the deceased's paternal grandfather and his descendants inherit (the aunts and uncles of the deceased)
  • if there are no living paternal grandfather nor aunts and uncles of the deceased, then the deceased's paternal great-grandfather and his descendants inherit
  • if these people are not alive or do not exist, then the search continues this pattern until an inheritor is located
The principal is:
When a person precedes another regarding inheritance, his/her descendants precede others as well.
When a father inherits, he precedes all of his descendants.

The Gemara uses verses Numbers (27:8-9) to prove that daughters inherit when there are no sons.  It reminds us that there will always be someone to inherit if we look back far enough.  

Rav Huna refers to Rav in insulting those who agree that daughters should inherit like sons.  The proof is found in Megillat Ta'anit, where it is said that the Sadducees believe that daughters inherit like sons.  This is argued as well.  A story is told of a man named Zibeon who has intercourse with his mother, producing a son named Anah.  Zibeon is both father to and brother of his son Anah.  Anah is Sier's grandchild, and he inherits, which counters the Sadducee's belief about inheritance.  And of course this argument is countered as well; perhaps these are two different people named Anah.  We are introduced to one last counter-argument before our daf ends.

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