1)

(a)Rebbi Yochanan queried Rebbi Yehudah b'Rebbi Shimon (who holds that a woman inherits her son) from the Seifa of our Mishnah 'ha'Ishah es B'nah ... Manchilin ve'Lo Nochlin'. Why did he not ask from the Reisha 'ha'Ish es Imo ... Nochlin ve'Lo Manchilin'?

(b)What did Rebbi Yehudah b'Rebbi Shimon reply?

(c)On what grounds do we suggest that the author of our Mishnah is Rebbi Zecharyah ben ha'Katzav?

(d)We reject this however, on the basis of the Beraisa, which comments on 'Bnei Achos' in our Mishnah 'Bnei Achos, ve'Lo B'nos Achos'. What does the Beraisa mean? How does this clash with Rebbi Zecharyah ben ha'Katzav?

1)

(a)Rebbi Yochanan queried Rebbi Yehudah b'Rebbi Shimon (who holds that a woman inherits her son) from the Seifa of our Mishnah 'ha'Ishah es B'nah ... Manchilin ve'Lo Nochlin'. He did not ask from the Reisha 'ha'Ish es Imo ... Nochlin ve'Lo Manchilin' because the Seifa states explicitly that a woman does not inherit (whereas the Reisha only infers it).

(b)Rebbi Yehudah b'Rebbi Shimon replied that he did not really know who the author of our Mishnah is (meaning that he anyway had a problem with it (as we shall now see).

(c)We suggest that the author of our Mishnah is Rebbi Zecharyah ben ha'Katzav who does not Darshen 'Matos', as we learned earlier (and that will explain why a mother does not inherit her daughter).

(d)We reject this suggestion however, on the basis of the Beraisa, which comments on 'Bnei Achos' in our Mishnah 'Bnei Achos, ve'Lo Bnos Achos' which Rav Sheshes explained earlier to mean that Bnei Achos take precedence over Bnos Achos, clashing with Rebbi Zecharyah (who doesn't hold of the Hekesh of "Matos" at all).

2)

(a)What is now the problem with our Mishnah?

(b)How do we resolve this problem? If the Tana Darshens "Matos", why does a woman not inherit her son?

(c)How do we extrapolate this from this Pasuk?

2)

(a)Our Mishnah seems to contradict itself, since at one and the same time, it Darshens Matos (with regard to the Din of precedence) and doesn't Darshen Matos (with regard to a woman inheriting her son).

(b)We resolve this problem by establishing that in fact, the Tana does Darshen "Matos". Nevertheless, a woman does not inherit her son because the Torah writes "ve'Chol Bas Yoreshes Nachalah", from which we extrapolate "Yoreshes", 've'Einah Moreshes'.

(c)We extrapolate this from this Pasuk because the Pasuk continues "Yoreshes Nachalah mi'Matos", from which we Darshen 'Yoreshes Sh'tei Matos [her father and her mother]) ve'Einah Moreshes Sh'tei Matos".

3)

(a)How does Rabeinu Chananel learn the previous Halachah from the extra 'Mem' in "mi'Matos"?

(b)The Pasuk refers to the father and mother of a daughter. What will be the equivalent Din with regard to the father and mother of a son?

3)

(a)Rabeinu Chananel learns the previous Halachah from the extra 'Mem' in "mi'Matos" which he explains to mean that it is only one of the two Matos that a woman is Yoresh but not Morish (i.e. her mother).

(b)The Pasuk refers to the father and mother of a daughter. The equivalent Din with regard to the father and mother of a son will be exactly the same (from a Sevara).

4)

(a)It is clear that if Ya'akov dies, leaving a son Reuven and a daughter Dinah, that Reuven inherits his father's property. What does our Mishnah rule in a case where Reuven and his son Chanoch died before Ya'akov, leaving only Dinah and Serach, Chanoch's daughter, alive after Ya'akov's death? Who will now inherit Ya'akov's property?

(b)What will be the Din regarding the offspring of any other heir (e.g. a brother) taking precedence over the next of kin?

(c)A man's daughter takes precedence over his brothers or his father. What is the order of precedence if a man dies leaving only a brother, a father and his daughter's granddaughter?

(d)Who takes precedence between a daughter and a son's daughter's son or daughter?

4)

(a)It is clear that if Ya'akov dies, leaving a son Reuven and a daughter Dinah, that Reuven inherits his father's property. In a case where Reuven and his son Chanoch died before Ya'akov, leaving only Dinah and Serach, Chanoch's daughter, alive after Ya'akov's death, our Mishnah rules that Serach will inherit Ya'akov's property (in place of Reuven).

(b)This Halachah (is not confined to the offspring of a son; it) extends to the offspring of any heir (e.g. a brother) who will take precedence over the next of kin.

(c)A man's daughter takes precedence over his brothers or his father. If a man dies leaving only a brother, a father and his daughter's granddaughter the order of precedence is 1. his daughter's granddaughter; 2. his father; 3. his brother.

(d)A son's daughter's son or daughter takes precedence over a daughter (because a son and all his offspring take precedence over a daughter).

5)

(a)How do we learn that a son's offspring take precedence over the next of kin from "u'Vein Ein lo"?

(b)What precedent do we have for 'Ein' without a 'Yud'?

(c)And from where do we know that the same applies to the offspring of the deceased's daughter, who will inherit before his brother?

5)

(a)We learn that a son's offspring take precedence over the next of kin from "u'Vein Ein lo" which we Darshen (due to the extra 'Yud') to mean 'Ayein Alav' (examine whether the deceased son left no offspring before giving his father's property to his daughter.

(b)We have a precedent for 'Ein' without a 'Yud' in Parshas Balak, where the Torah writes "Me'ein Bil'om" (without a 'Yud').

(c)And we know that the same applies to the offspring of the deceased's daughter, who will inherit before his brother because there too, the Torah write "ve'Im Ein lo Bas", with a 'Yud'.

6)

(a)What does the Tana mean when he says that a father precedes all his offspring?

(b)To which of his offspring will this not apply?

6)

(a)When the Tana says that a father precedes all his offspring, he means that he takes precedence over his other children (and their children) to inherit the property of his deceased son.

(b)This will not apply to his offspring which are also offspring of the deceased.

115b----------------------------------------115b

7)

(a)There where the deceased leaves behind no descendants, says the Beraisa, then 'Ayein Alav' goes upwards to his direct ancestors (or their offspring), going back as far as Reuven (or Shimon ... Who takes precedence, the deceased's father's ...

1. ... brother or his grandfather?

2. ... brother or his great-grandfather?

3. ... sister or his grandfather?

(b)Why does the Tana stop short of Ya'akov?

7)

(a)There where the deceased leaves behind no descendants, says the Beraisa, then 'Ayein Alav' goes upwards to his direct ancestors (or their offspring), going back as far as Reuven (or Shimon ... ). The deceased's ...

1. ... grandfather takes precedence over his father's brother.

2. ... father's brother takes precedence over his great-grandfather.

3. ... father's sister takes precedence over his great-grandfather.

(b)The Tana stop short of Ya'akov because, as Abaye explains, we have a tradition that no tribe will ever become extinct, in which case, no Yerushah will ever get as far as Ya'akov.

8)

(a)What did Rav Huna Amar Rav say about a Dayan who rules that the daughter of the deceased inherits together with his son's daughter?

(b)The Beraisa cites the source of this fallacy as being the Tzedokim. What caused the Talmidim of Tzadok and Baytus to reject Torah-she'be'Al-Peh?

(c)How did that Tzedoki elder learn his Din from a 'Kal va'Chomer'?

(d)Raban Yochanan ben Zakai cited him two Pesukim in Vayishlach. What does he extrapolate from the fact that one Pasuk refers to Tziv'on and Anah as sons of Se'ir ha'Chori, and the other, which lists Anah (together with Ayah) as a son of Tziv'on?

8)

(a)Rav Huna Amar Rav states that if a Dayan rules that the daughter of the deceased inherits together with his son's daughter we ignore his ruling (irrespective of his greatness).

(b)The Beraisa cites the source of this fallacy as being the Tzedokim. The Talmidim of Tzadok and Baytus rejected Torah-she'be'Al-Peh when they taught what they had learned from their Rebbe, Antignos Ish Socho: namely, 'that one should not learn Torah in order to receive reward', which they understood to mean that one must serve Hash-m without receiving reward. In that case, they argued, there is no truth in Torah.

(c)That Tzedoki elder learned his Din from a 'Kal va'Chomer' because he said, if the daughter of the deceased's son, who comes on the strength of the son, inherits, then how much more so, a daughter, who comes on the strength of the deceased himself.

(d)Raban Yochanan ben Zakai cited him two Pesukim in Vayishlach. From the fact that one Pasuk refers to Tziv'on and Anah as sons of Se'ir ha'Chori, and the other, which lists Anah (together with Ayah) as a son of Tziv'on he extrapolates that Tziv'on must have had relations with his own mother (Tziv'on's wife), who subsequently gave birth to Anah.

9)

(a)What did Rabah (or Rava) and some say Rav Papa, Darshen from the Pasuk "Hu Anah Asher Matza es ha'Yeimim ba'Midbar"?

(b)This is something that even Shavur Malka (the King of Persia in reality) did not Darshen. Who was Shavur Malka, assuming that the author of the statement was ...

1. ... Rabah (or Rava)?

2. ... Rav Papa?

(c)Why did they refer to them by this name?

9)

(a)Rabah (or Rava) and some say Rav Papa, Darshen from the Pasuk "Hu Anah Asher Matza es ha'Yeimim ba'Midbar" that there was only one Anah and not two (one, a son of Se'ir ha'Chori, the second, the son of Tziv'on).

(b)This is something that even Shevor Malka (the King of Persia) did not Darshen. Assuming that the author of the statement was ...

1. ... Rabah (or Rava), Shevor Malka referred to Shmuel.

2. ... Rav Papa, Shevor Malka referred to Rabah or Rava ...

(c)... to whom they referred to by this name because they are kings in Halachah (Shmuel when he argues with Rav in money-matters, Rabah against Rav Yosef and Rava against Abaye).

10)

(a)How does Raban Yochanan ben Zakai prove from here that 'B'nei Banim Harei Hein ke'Banim'?

(b)Then how do we know that Tziv'on had relations with his mother? Maybe the Pasuk only writes "Eileh Bnei Tziv'on ... " to teach us the principle 'Bnei Banim Harei Hein ke'Banim"?

(c)How does this disprove the Tzedokim?

10)

(a)Raban Yochanan ben Zakai has proved from here the principle 'Bnei Banim Harei Hein ke'Banim' (since Anah is listed together with Tziv'on and Ayah, who were heirs of Se'ir ha'Chori).

(b)Nevertheless, we know that Tziv'on had relations with his mother (that the Pasuk does not only write "Eileh Bnei Tziv'on ... " to teach us the principle of 'Bnei Banim Harei Hein ke'Banim" because then, why did it mention only him together with Anah and not Ayah, who were both sons of Se'ir ha'Chori?

(c)This disproves the Tzedokim inasmuch as if a son (or a daughter) of a son is considered a child (because he stands in place of his father), then a daughter should not inherit where there is a son's daughter available.

11)

(a)On what grounds did the Tzedoki elder query Raban Yochanan ben Zakai's 'Pircha' on his 'Kal va'Chomer'?

(b)Raban Yochanan it seems, had been loathe to reveal to him his true reasoning. Why is that?

(c)On what basis did he finally refute the 'Kal va'Chomer'? What advantage does a son's daughter have over a daughter?

(d)Where do we find in the Torah that ...

1. ... a son's daughters inherited their father's portion in his father's property, despite his brothers?

2. ... the daughters of the deceased did not inherit because she had brothers?

11)

(a)The Tzedoki elder queried Raban Yochanan ben Zakai's 'Pircha' on his 'Kal va'Chomer' on the grounds that, he too, admitted that a daughter does not inherit when there is the son of a son (and he only argued in the case of a daughter against a son's daughter).

(b)Raban Yochanan it seems, had been loathe to reveal to him his true reasoning because one is not permitted reveal the Torah's reasons to the Tzedokim.

(c)He finally refuted the 'Kal va'Chomer due to the fact that a son's daughter inherits even when there are sons, whereas a daughter does not.

(d)The Torah, in Parshas Masei specifically records that ...

1. ... the daughters of Tzelofchad inherited their father's portion in his father Cheifer's property, despite his brothers (as we shall see later).

2. ... the daughters of Cheifer did not inherit because she had brothers (see Rashash).

12)

(a)What did Raban Yochanan ben Zakai mean when he said 'she'Lo Tehei Torah Sheleimah she'Lanu ke'Sichah Beteilah she'Lachem"?

(b)What is the significance of the fact that this episode took place on the twenty-fourth of Teves?

(c)What was the justification of this Yom-Tov?

12)

(a)When Raban Yochanan ben Zakai said 'she'Lo Tehei Torah Sheleimah she'Lanu ke'Sichah Beteilah she'Lachem", he meant that their baseless 'Kal va'Chomers' could not stand up to our 'Pirchos' (which are Torah).

(b)The significance of the fact that this episode took place on the twenty-fourth of Teives is that this is one of the Yamim-Tovim listed in Megilas Ta'anis (though for the most part, the Yamim-Tovim mentioned there are no longer functional).

(c)The justification of this Yom-Tov was the fact that they defeated the Tzedokim, who were a powerful force in Yisrael, and managed to get them to admit that they were wrong.

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