Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Inheritance, Ilana Judah

Bava Batra 113: שְׁלֹשָׁה שֶׁנִּכְנְסוּ לְבַקֵּר אֶת הַחוֹלֶה

jyungar October 16, 2024

For the source text click/tap here: Bava Bayta 113

To download, click/tap here: PDF

The Mishna listed the sons of a woman’s sister as ones who receive inheritance, but do not give inheritance. The Gemora cites a braisa that explains that only the sons are listed, but not daughters, to teach us that the sons preempt any daughters. Therefore, if a woman dies, and her sister has sons and daughters, only the sons receive the inheritance. Rav Shmuel bar Rav Yitzchak explains that the verses that list the heirs are all joined with the letter vav – and (e.g., v’yarash osa – and he inherits it), to teach us that just as at the first degree of inheritance (children), sons preempt daughters, so in all degree of inheritance (e.g., siblings and their offspring), sons preempt daughters.

We explore the issue of women’s inheritance comparing Numbers and Deuteronomy and also looking at the Islamic law.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​