Soncino English Talmud
Bava Batra
Daf 111a
[It is written.] And every daughter that possesseth an inheritance in the tribes of the children of Israel; how can a daughter inherit [from] two tribes? — [Obviously] only when her father is from one tribe and her mother from another tribe, and both died, and she inherited [from] them. [From this] one may only [derive the law in respect of] a daughter. whence [may the law respecting] a son [he derived]? — One may derive it by an inference from minor to major: If a daughter, whose claims upon her father's property are impaired, has strong legal claims upon the property of her mother, should a son, whose claims upon the property of his father are strong, not justly have strong legal claims upon the property of his mother? And by the same argument: As there, a son takes precedence over a daughter, so here, a son takes precedence over a daughter. R. Jose son of R. Judah and R. Eleazar son of R. Jose said in the name of R. Zechariah h. Hakkazzab: Both a son and a daughter [have] equal [rights] in [the inheritance of] a mother's estate. What is the reason? — It is sufficient for [a law that is] derived by argument to he like [the law] from which it is derived. And does not the first Tanna expound. 'It is sufficient [etc.]'? Surely, [the exposition of] Dayyo is Pentateuchal! For it was taught: 'An example of an inference from minor to major [is]. And the Lord said to Moses: 'If her father had but spit in her face, should she not hide in shame seven days?' [Would not one expect, by] inference from minor to major, [that in the case] of the divine presence, [she should hide in shame for] fourteen days? — But [it is held that] it is sufficient for [a law that is] derived by argument. to he like [the law] from which it is derived'! — Elsewhere he does expound Dayyo, hut here it is different, because Scripture says, in the tribes, thus comparing the mother's tribe to the father's tribe: as [in the case of] the father's tribe a son takes precedence over a daughter, so [in the case of] the mother's tribe a son takes precedence over a daughter. R. Nittai intended to decide a case in accordance with [the view of] R. Zechariah b. Hakkazzab, [but] Samuel said to him: 'In accordance with whom? In accordance with Zechariah? Zechariah faileth!' R. Tabla decided a case in accordance with [the view of] R. Zechariah h. Hakkazzab. R. Nahman said to him: 'What is this?' — He replied unto him: '[I rely upon] that which R. Hinena b. Shelemia said in the name of Rab [that] the halachah is in accordance with [the view of] R. Zechariah h. Hakkazzab.' He said to him: 'Withdraw, or I shall pull R. Hinena b. Shelemia from your ears!' R. Huna b. Hiyya intended to decide a case in accordance with [the view of] R. Zechariah h. Hakkazzab. R. Nahman said to him: 'What is this?' He replied: '[I rely upon] that which R. Huna said in the name of Rab [that] the halachah is in accordance with [the view of] Zechariah h. Hakkazzab. He said to him: 'I will send to him!' He grew embarrassed. He said to him: 'Now, had R. Huna been dead, you would have continued to oppose me.' And whose opinion did he adopt? — That of Rab and Samuel both of whom said: The halachah is not in agreement with [the view of] R. Zechariah h. Hakkazzab. R. Jannai was [once] walking, leaning upon the shoulder of R. Simlai his attendant, and R. Judah the Prince came to meet them. He said to him: The man who comes towards us is distinguished and his cloak is distinguished. When he came nigh him [R. Jannai] touched it [and] said to him: This [cloak] — its [legal minimum] size [as regards Levitical uncleanness is but] that of sackcloth! He inquired of him: Whence [is it derived] that a son takes precedence over a daughter in [the inheritance of] a mother's estate? — He replied to him: From tribes; [where the plural indicates that] the mother's tribe is to be compared to the father's tribe: as [in the case of] the father's tribe, a son takes precedence over a daughter so [in the case of] the mother's tribe, a son takes precedence over a daughter. He said to him: If [so, let it be said that] as [in the case of] the father's tribe a firstborn takes a double portion, so [in the case of] the mother's tribe a firstborn shall take a double portion'!
Sefaria
Bava Batra 112a · Bava Batra 115a · Numbers 36:8 · Bava Batra 115a · Zevachim 69b · Bava Kamma 25a · Numbers 12:14 · Numbers 36:8 · Numbers 36:8
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