TRANSFER OF INHERITANCE [line 113]
(Beraisa): "V'Lo Tisov Nachalah mi'Mateh l'Mateh Acher" refers to transfer through the husband;
Suggestion: Perhaps it discusses transfer through the son!
Rejection: "V'Lo Tisov Nachalah li'Vnei Yisrael mi'Mateh El Mateh" discusses transfer through the son!
The other verse must discuss transfer through the husband.
Question: Both Beraisos agree that "v'Lo Tisov Nachalah mi'Mateh l'Mateh Acher" refers to transfer through the husband. How did the Tana'im know this?
Answer #1 (Rabah bar Rav Shilo): The verse says "Ish" (which can mean 'husband').
Objection: Both verses say "Ish"!
Answer #2 (Rav Nachman bar Yitzchak): It says "Yidbeku." (Elsewhere, the Torah discusses a husband clinging.)
Objection: Both verses say "Yidbeku"!
Answer #3 (Rava): It says "Yidbeku Matos" (marriage makes two tribes cling).
Answer #4 (Rav Ashi): It says "l'Mateh Acher" - a son who inherits is not called 'Acher'.
A HUSBAND INHERITS ONLY WHAT HIS WIFE ALREADY OWNED [line 15]
Question (R. Avahu): What is the source that a husband does not inherit what was Ra'uy (destined to be his wife's), i.e. he inherits only what was Muchzak (she owned it when she died)?
Answer (R. Avahu): "U'Sguv Holid Es Ya'ir va'Yhi Lo Esrim v'Shalosh Arim."
Question: How would Ya'ir have land that did not belong to his father?
Answer: We must say that Seguv married a woman, and she died before a relative who was destined to bequeath to her. When that relative died, (Seguv did not inherit;) Ya'ir inherited through his mother.
It also says "v'Elazar... va'Yikberu Oso b'Giv'as Pinchas Beno".
Question: How did Pinchas have land that did not belong to his father?
Answer: We must say that Elazar married a woman, and she died before a relative who was destined to bequeath to her. When that relative died, Pinchas inherited through his mother.
Question: Why was it necessary to bring a proof also from Pinchas?
Answer: One might have said that Ya'ir married a woman and inherited her. Therefore, he brought a proof from Pinchas.
Suggestion: Perhaps Pinchas (inherited his wife, or) received a Cherem field!
Rejection: "(B'Giv'as Pinchas) Beno" connotes that the inheritance was destined to fall to Elazar, but fell to his son.
INHERITANCE OF NEPHEWS [last line}
(Mishnah): (Some inherit but do not bequeath:) sons of sisters (i.e. a man from his mother's sister).
(Beraisa): Sons of sisters (inherit), but not daughters of sisters.
Question: What does this teach?
Answer (Rav Sheshes): It teaches that sons inherit before the daughters.
(Rav Shmuel bar Rav Yitzchak): "V'Yorash" equates the second inheritance (Tosfos - grandchildren; Rashbam - siblings) to the first inheritance (children).
Just like sons inherit before daughters, also in the second inheritance (Tosfos - if Yakov died after his son Reuven died, Reuven's sons inherit Yakov, and Reuven's daughters do not; Rashbam - brothers inherit before sisters).
(Rabah bar Chanina - Beraisa): "B'Yom Hanchilu Es Banav" - inheritances fall during the day, but not at night.
Question (Abaye): Will you say that if a man dies at night, his children don't inherit him?!
Suggestion (Abaye): Perhaps you referred to judging cases of inheritance.
(Beraisa): "V'Haysah li'Vnei Yisrael l'Chukas Mishpat" - the entire Parshah is considered judgment.
(Rav Yehudah): If three men came to visit a sick man (and he commanded who should inherit his property), they may write down his command, or execute it, whichever they want;
If two came, they write down his command, but they may not execute it.
(Rav Chisda): This applies only during the day. At night, even three can only write, but they cannot execute (even the next day).
This is because when they heard the command, they could be only witnesses, but not judges; and a witness cannot be a judge (about what he saw).
Answer (Rabah bar Chanina): Indeed, my Beraisa teaches about judging inheritance.