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Babylonian Talmud: Tractate Baba Bathra
It was taught in another Baraitha: So shall no inheritance remove from tribe to tribe.1 Scripture speaks [here] of a transfer through the husband. Thou sayest [that it speaks] of a transfer through the husband, perhaps [it speaks] only2 of a transfer through the son? — Since it was said, so shall no inheritance of the children of Israel remove from tribe to tribe,3 behold, transfer through the son has been spoken of, to what, then, shall one apply, so shall no inheritance remove from one tribe to another tribe?1 [It must be assumed, therefore, that] Scripture speaks [here] of transfer through the husband.
Both,4 at all events, [agree that] in, from one tribe to another tribe,1 Scripture speaks of transfer through the husband; how [is this] to be inferred?5 — Rabbah son of R. Shila said: Scripture states, Ish.6 Is not Ish written in both?7 — But, said R. Nahman b. Isaac, Scripture states, shall cleave.8 Is not [the phrase], shall cleave, written in both?9 But, said Raba; Scripture states. The tribes shall cleave.10 R. Ashi said: Scripture states. from One tribe to another tribe,11 but a son is not [of] another.12
R. Abbahu said in the name of R. Johanan. in the name of R. Jannai, in the name of Rabbi (and some trace it to13 R. Joshua b. Korha): Whence [is it proved] that a husband does not receive [as heir] the prospective [estate of his wife]14 as [he does] that which was [already] in [her] possession? It is said, And Segub begat Jair, who had three and twenty cities in the land of Gilead;15 whence could Jair possess [cities] which did not belong to Segub?16 But this teaches that Segub took a wife and she died in the lifetime of those whose heiress she would have been;17 and when these died, Jair inherited her [estate].18 Furthermore it is said, And Eleazar the son of Aaron died; and they buried him etc.19 Whence could Phinehas possess [a hill] which did not belong to Eleazar?20 But this teaches that Eleazar took a wife, who died in the life-time of those whose heiress she would have been,21 and when these died, Phinehas inherited her [estate].22 [For] what [purpose is] 'furthermore it is said' [required]?23 — In case it be said that it was Jair who took a wife who died,24 and that he inherited from her, it is, therefore, expressly stated, and Eleazar the son of Aaron died.19 And in case it he said that it may have fallen to him25 as a field devoted.26 Scripture states, his son20 [which implies that] the inheritance was due to him27 but his son inherited it.28
Baba Bathra 113b
[In respect] to what Law?1 — R. Shesheth said: In respect of precedence,2 [as] R. Samuel b. R. Isaac recited before R. Huna: [Since it is said], and he shall possess it,3 the inheritance [mentioned] second4 is to be compared to the one [mentioned] first;5 as [in the case of] the inheritance [mentioned] first, a son takes precedence over a daughter so, [in the case of] inheritance [mentioned] second,6 a son takes precedence over a daughter.7
Rabbah b. Hanina recited [a Baraitha] before R. Nahman:8 [Since it is written], Then it shall be, in the day that he causeth his sons to inherit,9 an inheritance10 may be divided11 in the daytime but not at night.
Abaye said unto him: 'If that is the case,12 would children be heirs only to him who died in the daytime, but not to him who died at night?13 [You mean], perhaps, [the administration of] the law[s] of inheritance;14 as it was taught: [With the Biblical announcement] And it shall be unto the children of Israel a statute of judgment,15 the whole section16 has been proclaimed to be [of a] judicial [character].17 And [this, in fact is] in accordance with Rab Judah who said: Three [persons] who came to visit18 a sick man may, if they wish, [either] write down [his instructions. with reference to the disposal of his estate19 or], if they prefer it, give judgment.20 Two [persons] may write down [the testator's instructions] but may not give judgment.21 And R. Hisda commented: This applies only22 to daytime;
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