Monday 22 May 2017

Bava Batra 119: Inheriting on Exiting Mitzrayim or on Entering HaAretz; Zelophchad's Righteous Daughters

The Gemara continues to explore the halacha of inheritance.  First, they consider who is counted when receiving their father's portion.  If brothers all are counted, each will receive a small portion but if only the heads of families are counted, they will receive much larger portions.  We are taught that the land of Israel belonged to the children of Israel before they entered the land.  The proof is that a firstborn does not receive an extra portion in property that did not already belong to his father in his father's lifetime.

One baraita teaches that some, including the children on Korach's congregation, received inheritances of land from their grandfathers, thus those who left Egypt.  Another baraita teaches that these descendants received inheritances in their own merit - those who entered HaAretz.  These baraitot both hold that portions of land are given to those who left Egypt.  Perhaps the first baraita refers to children under twenty years old when they entered HaAretz where the second baraita referred to those over 20 years of age.

The Gemara debates the halacha about what is given to a firstborn.  The rabbis discuss those who might have been given extra portions due to their status as firstborn.  In discussing Moshe's difficulties with simply granting people what they were due - Zelophchad's daughters and the man who gathered wood on Shabbat.  Because Moshe was able to discern the right thing to do in each case, the rabbis teach that good things come through those with merit, and bad things come through unworthy people.  The Gemara also discusses Moshe's concerns about those who had already owned HaAretz.  It is explained that this was a prophecy announced at the crossing of the sea.  Moshe knew that it was not proven true until people chose to actually enter HaAretz.

The rabbis turn their attention back to Zelophchad's daughters.  They are seen as chachamot, wise women, for they asked Moshe at the right time, in the right context, about their inheritance.  First they asked others.  When they came to Moshe, all were discussing whether and when a scholar is permitted to honour one of his students.  Moshe was expounding about yibum, the requirement to marry a childless widow to her brother-in-law.  The daughters added that if they are like sons, they should get an inheritance.  If not, their mother should do yibum.  Then they expounded: if their father had let a son, they would not be requesting an inheritance.  The rabbis consider this and add that if their father had left a son who had a daughter,  they would not be requesting an inheritance, either.  

Zelophchad's daughters were considered to be righteous, in addition, because they chose to marry late - only to men who were fitting for them.  Rav Chisda taught that a woman who marries before 20 will have children until she is 60.  A woman who marries at 20 will have children until she is 40.  A woman who marries at 40 will not bear children.  Given the task of bearing and raising children in the time of the Talmud, I can't imagine a more effective means of postponing marriage.  

Finally, we learn that because Zelophchad's daughters were righteous, they were rewarded with bearing children even after they were married at at least 40 years of age.  It would be interesting to learn whether or not these women were actually interested in conceiving children at all. 

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