1)INHERITANCE FROM WOMEN
(a)(Mishnah): A man inherits his mother ...
(b)Question: What is the source of this?
(c)Answer (Beraisa): "V'Chol Bas Yoreshes Nachalah mi'Matos..." - how can she inherit from two tribes? We must say that her parents are from different tribes, and she inherits both of them.
1.Question: How do we know that also a son inherits both parents?
2.Answer: A Kal v'Chomer teaches this;
i.A daughter does not have precedence to inherit her father (over a son), yet she inherits her mother;
ii.A son has precedence to inherit his father. All the more so, he inherits his mother!
iii.Also, just like a son has precedence to inherit his father (over a daughter), also regarding his mother.
3.R. Zecharyah ben ha'Katzov says, a son and daughter inherit their mother's property equally.
i.He holds Dayo (a Kal va'Chomer may not teach more than either of the cases it is built on. Here, we have no source to say that the son has precedence to inherit the mother).
(d)Question: Do Chachamim really argue with Dayo? It is mid'Oraisa!
1.(Beraisa): "V'Aviha Yarok Yarak b'Faneha ha'Lo Sikalem Shiv'as Yamim" - all the more so, if Hash-m is angry at her, she should be isolated 14 days, but we learn only as much as the source.
(e)Answer: Usually, Chachamim agree to Dayo. Here they have a source to say that the son takes precedence also to inherit the mother.
1."Mi'Matos" equates the father's tribe to the mother's tribe.
i.Just like the son has precedence to inherit the father, also to inherit the mother.
(f)Rav Nitai was about to rule a case like R. Zecharyah ben ha'Katzav.
1.Shmuel: Will you rule like R. Zecharyah? The Halachah does not follow him!
(g)R. Tavla ruled in a case like R. Zecharyah ben ha'Katzav.
1.Rav Nachman: Why did you rule this way?
2.R. Tavla: Rav Chinena bar Shalmiya said in the name of Rav that the Halachah follows R. Zecharyah.
3.Rav Nachman: Retract your ruling. If not, I will excommunicate you!
(h)Rav Huna bar Chiya was about to rule a case like R. Zecharyah ben ha'Katzav.
1.Rav Nachman: Why will you rule like R. Zecharyah?
2.Rav Huna bar Chiya: Rav Huna said in the name of Rav that the Halachah follows R. Zecharyah.
3.Rav Nachman: I will send to inquire if Rav Huna really said so.
i.Rav Huna bar Chiya was embarrassed. In the meantime, Rav Huna died.
(i)Question: Like whom does Rav Nachman hold?
(j)Answer: Rav and Shmuel taught that the Halachah does not follow R. Zecharyah.
(k)Question (R. Yehudah Nesi'ah): How do we know that the son has precedence to inherit the mother?
(l)Answer (R. Yanai): "Mi'Matos" equates the mother's tribe to the father's.
1.Just like a son has precedence to inherit his father before a daughter, also, to inherit his mother.
2)A FIRSTBORN'S RIGHTS IN HIS MOTHER'S PROPERTY
(a)Question (R. Yehudah Nesi'ah): If so, we should also equate them to say that a firstborn son gets a double portion in the mother's property, like in the father's!
1.R. Yanai held that the answer was obvious. He left without answering the question.
(b)Question: What is the answer?
(c)Answer #1 (Abaye): (A firstborn gets a double share) "b'Chol Asher Yimatzei Lo" - not in her (his mother's property).
(d)Suggestion: Perhaps this applies only when he is a firstborn only to the father, but not to the mother, but if he is firstborn to both, he receives a double portion also in the mother's property!
(e)Rejection (Rav Nachman bar Yitzchak): "Reishis Ono" - not her first strength.
(f)Objection: That verse is used to teach that the first viable child (if he is a male) inherits like a firstborn, even if stillborn babies preceded him!
1."Reishis Ono" is the first child that the father is concerned for.
(g)Answer: 'Reishis On' would have taught this. The Torah said "Reishis Ono" to teach both laws.
(h)Question: Still, perhaps we learn that he does not receive a double portion in his mother's property only when he is not a firstborn to the father, only to the mother; but if he is firstborn to both, he receives a double portion also in the mother's property!
(i)Answer #2 (Rava): "Lo Mishpat ha'Bechorah" - the law applies only to a man, but not to a woman.
3)ONE INHERITS HIS WIFE
(a)(Mishnah): A man inherits his wife ...
(b)(Beraisa): "Sheiro (his close relative)" refers to his wife. It teaches that a husband inherits his wife;
1.Suggestion: Perhaps she likewise inherits him!
2.Rejection: "V'Yorash Osah", but she does not inherit him.
(c)Question: It says "u'Nsatem Es Nachalaso li'Sh'eiro"!
(d)Answer #1 (Abaye): We read the verse this way: 'u'Nsatem Es Nachalaso l'Karov Elav'; 'Sh'eiro v'Yarash Osah'.
(e)Objection (Rava): The words do not appear in that order in the verse!
(f)Answer #2 (Rava): We read "u'Nsatem Es Nachalas Sh'eiro Lo".
1.Rava holds that we may expound a verse by cutting letters from words ('Vav' from 'Nachalso', 'Lamed' from 'li'Sheiro'), and combining them (to form 'Lo').
(g)A Tana has a different source.
1.(Beraisa - R. Akiva): "V'Yorash Osah" teaches that a husband inherits his wife;
2.R. Yishmael: We need not expound like this. "V'Chol Bas Yoreshes Nachalah... Tihyeh l'Ishah" discusses transferring inheritance through marriage;
i.It also says "v'Lo Tisov Nachalah li'Vnei Yisrael mi'Mateh El Mateh";
ii.It also says "v'Lo Tisov Nachalah mi'Mateh l'Mateh Acher";
iii.It also says "v'Elazar... va'Yikberu Oso b'Giv'as Pinchas Beno."
3.Question: The Pasuk ascribes the land to Pinchas, and not to his father Elazar. How did Pinchas have land if he did not inherit it from his father?
4.Answer: We must say that he married a woman, and inherited her.
i.It also says "u'Sguv Holid Es Ya'ir va'Yhi Lo (to Ya'ir) Esrim v'Shalosh Arim."
ii.Question: How did Ya'ir have land that did not belong to his father?
iii.Answer: We must say that he married a woman, and inherited her.