1)

What are the connotations of the word "li'She'eiro"?

1.

Rashi (in Bava Kama, 44b): It refers to a wife, and teaches us that a man inherits his wife when she dies. 1

2.

Targum Onkelos and Targum Yonasan: It means 'to his closest relative'. 2


1

See Torah Temimah, note 25 & 26 and Ba'al ha'Turim.

2

See Oznayim la'Torah, who cites an opinion that, if there are no sons or daughters, a father, who is the closest relative, inherits. And he adds that brothers only ionherit via the father when he is in the grave.

2)

Why can "u'Nesatem es Nachalaso li'She'ero" not mean that his wife inherits him?

1.

Rashi (in Bava Kama, 42b): Because the Torah inserts the word "mi'Mishpachto", and his wife is not part of his (blood) family. 1


1

The Gemara in Bava Basra, 113b, learns it from the words "Ve'yarash osah", implying that he inherits her, and not vice-versa.

3)

What are the connotatons of the rest of the phrase "u'Nesatem es Nachalso ... ha'Karov eilav mi'Mishpachto"?

1.

Rashi (on Bava Kama, 44b): It means that one should give the man's inheritance to the closest member of his (paternal) family.

2.

R. Bachye and Ba?al ha?Turim: The Chachamim in Bava Basra 111b learn from "u'Nesatem es NachalsO Li?She?ero? ? by way of Asmachta ? that a husband inherits his wife 1 ? by moving the ?Lamed? of ?li?She?ero? and the ?Vav? of ?Nachalas? to after ?li?She?ro? 2 to read ?u?Nesatem es Nachalas She?ero lo?.


1

Based on the principle ?She?ero?, ?Zu Ishto? ? See Torah Temimah, citing Bava Basra 111a and note 25, where he elaborates.

2

Bava Basra: ?Gor?in u?Mosfin ve?Dorshin?.

4)

What is the definition of "Mishpachto"?

1.

Bava Basra, 110b: It always refers to the paternal relative under discussion - 'Mishpachas Av Keruyah Mishpachah, Mishpachas Eim Einah Keruyah Mishpachah' 1 . Consequently, paternsl brothers inherit and pass on the inheritance when they die.


1

See Torah Temimah on Pasuk 10, note 24.

5)

Why does the Torah refer to the Parshah of inheritance as "Chukas Mishpat"?

1.

Rashi (on Divrei ha'Yamim 2, 20:8): The word "Mishpat" applies to Dinei Mamonos (monetary laws). 1

2.

Ramban and R. Bachye #1: To teach us that the Dinim of Nachalah were not confined to that generation but appied to all generations. 2

3.

R. Bachye #2 (citing Bava Basra 130a and Rambam (Hilchos Nachalos, 6:5): To teach us that, although the Dinim of inheritance fall under the heading of 'Dinei Mamonos', 3 one is not permitted to designate a non-heir as an heir, or to divest an heir of his status, and any condition that does so is invalid. 4

4.

Bava Basra, 113b: To teach us that the Dinim of inheritance are considered Dinei Mamonos. 5

5.

Sifri: The Torah gave the Chachamim the wisdom to Darshen the order of precedence - with regard to inheritance, based on the closeness of the relationship to the deceased.


1

See note on the second answer.

2

Refer to 27:8:1:1.

3

See Torah Temimah, note 30.

4

Otherwise we would apply the principle that ?Whoever makes a condition concerning money-matters his condition is valid ? even it gord against what the Torah writes ? See R. Bachye who elaborates

5

To teach us that the distribution of inheritance requires three Dayanim, who may only issue rulings in daytime. See Torah Temimah, note 29.

6)

Seeing as Hashem was speaking, why does the Torah write ?Ka?asher Tzivah Hashem es Moshe?, and not ?Ka?asher Tziveisi??

1.

R. Bachye: This is something that the Torah sometimes does. 1


1

R. Bachye: Like we find in Sh?mos 24:1 ?ve?el Moshe Amar Alei el Hashem!?

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