Soncino English Talmud
Bava Batra
Daf 109a
[from the fact] that in one case [there are] two [advantages] and in the other [only] one? — The very [law of a son's precedence in the case of the redemption of a] field of [his father's] possession was deduced by the Tanna from this very argument, viz., 'Surely levirate marriages only take place where there is no son, but where there is a son there is no levirate marriage'! [But why not] say [thus]: 'His kinsman, refers to the father. This teaches that a father takes precedence over a daughter. One might [assume] that he [also] takes precedence over [a] son, it was therefore expressly stated that is next [to him], [which implies,] he who is nearest takes the precedence'? — Since in respect of levirate marriages a son and a daughter have the same standing, a son and a daughter must have the same standing in the case also of inheritance. [Why again not] say [thus]: 'His kinsman, refers to the father. This teaches that a father takes precedence over the [dead man's] father's brothers. One might [assume] that he also takes precedence over brothers, it was therefore expressly stated, that is next, [which implies], he who is nearest takes the precedence'? — The father's brothers do not require any Scriptural text; [for] from whom do the father's brothers derive their right? From the father; should [then] the brothers of the father inherit when the father [himself] is alive! But, surely, the Scriptural verses are not written in this [order], for it is written, And if his father have no brethren etc.! — The verses are not written in [the proper] order [of succession]. The following Tanna derives it from the following: For it was taught: R. Ishmael, son of R. Jose, gave the following exposition: [It is written,] If a man die, and have no son, [then ye shall cause his inheritance to pass unto his daughter]. [This implies that] where there is a daughter the inheritance is passed from the father, but no inheritance is passed from the father, where there are [only] brothers. But [why not] say [thus]? Where there is a daughter the inheritance is passed from the brothers,
Sefaria
Numbers 27:11 · Numbers 27:11 · Numbers 27:11 · Numbers 27:10 · Numbers 27:8