1)DOES A MOTHER INHERIT HER SON? (cont.)
(a)Question (R. Yochanan - Mishnah): The following bequeath but do not inherit: a woman to her sons, a woman to her husband, and a man to his sister's children.
(b)R. Yehudah b'Rebbi Shimon: I do not know who taught our Mishnah.
(c)Question: Why didn't he say that it is R. Zecharyah ben ha'Katzav, who does not expound "Matos"?
(d)Answer: We cannot establish our Mishnah like R. Zecharyah!
1.(Mishnah): (The following inherit but do not bequeath)... sons of sisters.
2.(Beraisa): A man inherits his mother's sister, but a woman does not inherit her mother's sister.
i.Question: Why does the Beraisa exclude 'a woman from her mother's sister'?
ii.Answer (Rav Sheshes): If she has brothers, they inherit before her.
3.Culmination of answer: According to R. Zecharyah, a woman inherits her mother equally with her brothers!
(e)Question: How does the Tana of our Mishnah expound?
1.If he expounds "Matos", a woman should inherit her son!
2.If he does not expound "Matos", how does he know that a son inherits before a daughter in the mother's property?
(f)Answer: Really, he expounds "Matos". A daughter does not inherit with a son in their mother's property, for it says "v'Chol Bas Yoreshes Nachalah (mi'Matos)" - she inherits two Matos (if she had no brothers, and her mother was from a different tribe than her father, but she does not bequeath to two Matos (a son and a daughter).
2)THE ORDER OF INHERITANCE
(a)(Mishnah): The order of inheritance: "Ish Ki Yamus u'Ven Ein Lo v'Ha'avarta Es Nachalso l'Vito" - a son precedes a daughter, and all the descendants of a son precede a daughter;
(b)A daughter precedes the brother of the deceased, and all her descendants precede a brother;
(c)A brother precedes the brothers of the father, and all his descendants precede the father's brothers;
(d)The general rule is, whoever has precedence to inherit, all his descendants have precedence.
(e)(Gemara - Beraisa) Question: Perhaps "u'Ven" teaches only a son (that he inherits before a daughter)! What is the source for the son or daughter or grandson of a son? (E.g. if Dosan died before his father Eli'av, and, Dosan left a son or daughter or grandson, Dosan's descendant inherits Eli'av, and Eli'av's daughters do not inherit.)
1.Answer: "Ein Lo" - we read this 'Ayen' (investigate).
2.Question: Perhaps "Vas" teaches only a daughter (she inherits before the father and brothers of the Mes)! What is the source for the son or daughter or granddaughter of a daughter?
3.Answer: We read "Ein Lo" like 'Ayen'.
4.Just like we look for descendants, we also look for ancestors. (If Dosan left no descendants, and there are no living descendants to his father, we look for his father's father (or his descendants)... even if we must go until Reuven (ben Yakov Avinu).
5.Question: Why not say 'even if we must go until Yakov'?
6.Answer (Abaye): Tradition teaches that no tribe will ever die out (we will never need to go back to Yakov).
(f)(Rav Huna): If anyone says that a daughter inherits with a daughter of a son, even if the Nasi says so, we do not heed him, for this is what Tzedukim say.
1.(Beraisa): Teves 24 is the holiday of returning to the original law (we may not fast or eulogize on this day);
2.The Tzedukim used to say that a daughter inherits with a daughter of a son. R. Yochanan ben Zakai challenged their source. A lone Tzeduki responded.
3.The Tzeduki: We learn from a Kal va'Chomer. A son's daughter inherits due to her father (the son of the deceased), and she inherits (with surviving sons). A daughter inherits due to herself, so all the more so she inherits with sons!
4.R. Yochanan ben Zakai: It says "Eleh Benei Se'ir... Yoshevei ha'Aretz... v'Tzivon va'Anah", and it says "v'Eleh Benei Tzivon v'Ayah va'Anah"! (Rashbam - Anah inherited with his uncles from his grandfather. This shows that a son's descendants inherit just like he would have inherited. Since a daughter does not inherit with a son, she does not inherit with a son's daughter! Tosfos - Anah was a girl. We will explain the proof soon.)
i.We must say that Tzivon fathered Anah through his own mother (therefore, Anah is also listed among children of Se'ir).
ii.Question: Perhaps there were two people named Anah!
iii.Answer (Rabah): "Hu Anah" - this is the same Anah listed above.
5.The Tzeduki: How does that refute me?! (Tosfos - he did not understand R. Yochanan's intent.)
6.R. Yochanan ben Zakai: This shows that a son's daughter inherits with other sons of the deceased, but a daughter does not.
7.The Tzedukim were defeated. Chachamim made the day a holiday.