Wednesday, 10 May 2017

Bava Batra 108: Who Can Inherit, Who Can Bequeath


A new Mishna teaches us that some people are permitted to inherit from and bequeath to others.  Others are permitted only to bequeath to someone or to inherit from someone.  One group of people are not permitted to inherit to or bequeath from anyone.

We learn the following:

Permitted to Bequeath:

Permitted to Inherit:                      
fathers to their sonsfathers from their sons
sons to their fatherssons from their fathers
sons to their paternal brothers sons from their paternal brothers
a man from his mother
a man from his wife
a man from his sister's sons
a woman to her husband
a woman to her sons
a woman to her maternal uncles
Not permitted to Bequeath nor to Inherit:
Maternal brothers


The Gemara first wonders why we learn about fathers inheriting from their sons and not sons inheriting from their fathers.  We learn that we should not begin an example with a calamity.  For a son to lose his father is an expectation, but a father losing his son is a calamity.  Further, if a father is inheriting from his son, it means that there was no grandson to inherit from.  This is an even greater calamity.  Finally, the rabbis mention Numbers 27:8, where we learn that when a man dies and has no sons, his daughters are his inheritors. 

The rabbis also discuss other possible reasons for the list to be shared in this order.  They note that closeness of kin is the most important factor.  When a relative is permitted to have certain responsibilities, this is used as proof of closeness in the area of inheritance as well.

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