Friday 19 May 2017

Bava Batra 116: Sons and Inheritance

The Gemara focuses on how it has been determined that the daughter of a son will not inherit with her brothers.  This was done after the war where few sons (b'nei Binyamin) survived; daughters would transfer their inheritances to other tribes if they married out of their tribe.  

The rabbis discuss what it means to die without a son.  They point to verses that suggest dying without a son is dying without any inheritors.  They also discuss one who dies without sons: he is similar to one who dies without students.  Rabbi Yochanan says that G-d hates one who dies without a son to inherit him.  Perhaps scholars should interrupt their studies to visit a house of mourning for a man who has died without sons.  We also learn about David lying about having a son, and Yoav leaving no son because he died.  Or perhaps David had a son who was like himself while Yoav had a son who was not like himself.

We are privy to an important detail.  When describing the importance of having a student (see above), Rabbi Yochanan admits that he does not believe the argument that he presented.  Instead, he was simply quoting the opinion of his Rebbe.  I often wonder whether or not the rabbis actually adhered to the opinions that they shared.  Often when I share ideas in meetings, I would not necessarily stand behind those ideas.  I state the ideas because I believe that they should be heard and considered.  Were our Sages in the same position?

Verses are chosen to justify why poverty in one's home is worse that 50 plagues.  The ten makot in Egypt are called the fingers of G-d.  Thus the hand is worth 50.  Similarly, if one has a sick person in his home, he should ask a Torah Scholar to pray for him.

A new Mishna teaches a general rule: who ever has precedence to inherit, all of his descendants have precedence as well.  Further, a further will precede his own descendants.

The Gemara begins with a question: who should inherit, one's paternal grandfather or one's paternal uncle?   The answer is that the father takes precedence.  Another rabbi repeats the same question, not having heard the answer.  He asks who has precedence to inherit, one's paternal grandfather or his brother?  The answer is that the father precedes his own descendants.  Is this conclusive?  A father night precede his own descendants but does he precede his grandchildren?

To answer these questions, we learn that whomever has precedence to inherit lends that ability to all of his descendant .  Thus if the father is alive, he inherits before the paternal grandfather.  If the father is dead, his son inherits before his paternal grandfather.

A new Mishna teaches us that Zelofchad's daughters received three portions as their inheritance.  These were Tzelafchad's portion who left Egypt, Zelofchad's share of his father's portion, and Zelofchad's extra share of his father's portion as he was a first child and thus he received a double portion.

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