Bava Batra

R. Johanan pointed out to R. Judah son of R. Simeon [the following objection: Have we not learnt]. A WOMAN [TRANSMITS HER ESTATE TO] HER SONS AND [TO] HER HUSBAND [BUT DOES NOT INHERIT FROM THEM]; AND MOTHER'S BROTHERS TRANSMIT [THEIR ESTATES TO THEIR NEPHEWS] BUT DO NOT INHERIT [FROM] THEM?  — He replied to him: As to our Mishnah, I do not know who is its author!  But why did he not say  to him [that] it  [may represent the views of] R. Zechariah b. Hakkazzab who does not expound, tribes?  — Our Mishnah cannot be upheld as [representing the views of] R. Zechariah h. Hakkazzab, for it teaches, AND SISTERS'  SONS. And a Tanna taught  [that this implies] sisters'  sons [only], but not sisters'  daughters; and the question was asked,  'In respect to what law?' And R. Shesheth answered, 'In respect of precedence'.  Now, if it were assumed that our Mishnah was [a representation of the views of] R. Zechariah b. Hakkazzab. [it could rightly have been objected]: Surely, he said, 'Both a son and a daughter [have] equal [rights] in [the inheritance of] a mother's estate'! [As to] the Tanna of our [Mishnah], how are his views to be reconciled?  If he expounds, tribes, a woman also should he heir to her son;  if he does not, whence does he [deduce the law] that a son takes precedence over a daughter in [inheriting] his mother's property?  — He does, in fact,  expound, tribes,  but here,  [the case] is different, for Scripture says, And every daughter, that possesseth an inheritance  [from which it is to he inferred that] she may inherit from,  but not transmit  to [her mother]. MISHNAH. THE ORDER OF SUCCESSION  IS AS FOLLOWS: IF A MAN DIE, AND HAVE NO SON, THEN YE SHALL CAUSE HIS INHERITANCE TO PASS UNTO HIS DAUGHTER.  A SON TAKES PRECEDENCE OVER A DAUGHTER. ALL LINEAL DESCENDANTS  OF A SON  TAKE PRECEDENCE OVER A DAUGHTER.  A DAUGHTER TAKES PRECEDENCE OVER THE BROTHERS.  LINEAL DESCENDANTS  OF A DAUGHTER [ALSO] TAKE PRECEDENCE OVER THE BROTHERS. BROTHERS TAKE PRECEDENCE OVER THE BROTHERS OF THE FATHER.  LINEAL DESCENDANTS  OF BROTHERS [ALSO] TAKE PRECEDENCE OVER THE BROTHERS OF THE FATHER.  THIS IS THE GENERAL RULE: THE LINEAL DESCENDANTS OF ANY ONE WITH A PRIORITY TO SUCCESSION  TAKE PRECEDENCE. A FATHER TAKES PRECEDENCE OVER ALL HIS DESCENDANTS. GEMARA. Our Rabbis taught: [It is written,] son,  [from which] one only learns that  a son [has a prior claim to heirship]; whence [may it he deduced that] a son of the son, or a daughter  of the son, or a son of the daughter of the son [has the same rights]? — It is expressly stated, En lo  [which is taken to imply], 'hold an enquiry  concerning him'.  [It is written] daughter,  [from which] one only learns that  a daughter [is next in succession to a son]; whence [may it he deduced that] a daughter of the daughter. and the son of a daughter and a daughter of the son of the daughter [have also the same rights]? — It is expressly stated, En lo  [which is taken to imply], 'hold an enquiry  concerning him'.