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{
"title": "Rambam on Mishnah Bava Batra",
"language": "en",
"versionTitle": "merged",
"versionSource": "https://www.sefaria.org/Rambam_on_Mishnah_Bava_Batra",
"text": [
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[
"The Order of Inheritances: This is the law concerning a man who dies and has no son, etc.",
"You should remember in the order of inheritances three principles. The first one is that when a person dies, his sons inherit before anyone else, and if there are no sons, the inheritance goes back to the father. The second principle is that anyone who is eligible for inheritance, if they are alive, inherits for themselves, and if they die, their inheritance falls to their heirs, as if they themselves were the ones who passed away. The third principle is that males take precedence over females when they are equal in proximity to the deceased. These three principles are the foundation of understanding who will inherit and who will not inherit.",
"Now I will give you a parable that will clarify for you how these principles apply to inheritances. Let's say that Amram passed away, and it would have been appropriate for Moses and Aaron to inherit him, but since they are not alive, we look for their male descendants. If we cannot find them, we look for their female descendants. If we cannot find any, the inheritance goes back to Miriam due to the absence of male heirs and their offspring. We didn't find Miriam, who has already passed away, so we inquire whether she left behind a male descendant or male offspring. If we cannot find any, we then return to seek if she had a daughter or female offspring. If she is also absent, the inheritance goes back to their father, who is Amram. If we find Kohath, Izhar, and Uzziel, who are brothers of Amram, we allocate to them the possessions of Amram since they are heirs of Kohath. This is how the inheritance is determined among the siblings.",
"If Kohath and Izhar are absent, and their male descendants and female descendants are also absent, the inheritance goes back to Yocheved. If she is absent, we inquire about her male descendants before the females. If we cannot find any male descendants, and there is a male descendant of Kohath missing, the inheritance goes back to their father, who is Levi. If Levi is absent, then we consider it as if Levi is the one who passed away, and we examine his heirs, namely Gershon and Merari. If we find them, they inherit since they are sons of Levi and eligible to inherit Kohath's possessions. This is how the inheritance goes back to Abraham, and the males take precedence over the females in all these cases.",
"By following this constant process, the inheritance continues until Reuben. Now you have understood how Abraham inherited from Amram, and it is clear to you that there is no inheritance for siblings during the father's lifetime, nor for the father's siblings during the grandfather's lifetime, nor for the grandfather's siblings during the presence of their father's father. And through this process, the inheritance always proceeds. Keep these principles in mind and never deviate from them."
],
[
"<b>The daughters of Zelophehad received three shares of the inheritance, etc...</b>All those who left Egypt had a portion in the land, and if a father and his son left, each of them had an equal portion. Zelophehad and Hepher were among those who left Egypt, and Zelophehad received his portion, while he also inherited the portion of Hepher, which consisted of two portions, as he was the firstborn. Since the land of Israel was held in possession, he inherited a double portion in it as the firstborn."
],
[
"Both the son and the daughter inherit, except that the son has priority.",
"It means that they are equal in inheriting from the father, meaning that the laws of inheritance for sons and daughters in the mother's assets are the same as their inheritance in the father's assets. However, the Torah gives priority to the sons over the daughters, and there is no distinction between the inheritance of the children from the father or from the mother, except that the firstborn son receives a double portion in the father's assets."
]
]
],
"versions": [
[
"Sefaria Community Translation",
"https://www.sefaria.org"
]
],
"heTitle": "专诪讘\"诐 诪砖谞讛 讘讘讗 讘转专讗",
"categories": [
"Mishnah",
"Rishonim on Mishnah",
"Rambam",
"Seder Nezikin"
],
"sectionNames": [
"Chapter",
"Mishnah",
"Comment"
]
}