Bava Basra 116 continues the development of the laws of intestacy which is the hallmark of Yesh Nochlim. I would like to use this post to briefly discuss one points from today's one point from yesterday's dapim which I found interesting.
On Bava Basra 115b, the gemara makes a statement that if a judge rules that a daughter of the deceased inherits in equal shares with the son, it is not to be followed as it is a maasei tzadukim. The Rashbam then gives the backstory on the tzadukim as he explains that Tzadok and Baisos were students of Antignos Ish Socho who had learned Antignos' statement (from Pirkei Avos 1:3) that one should not worship Hashem like a servant who only acts in order to get paid. However, they misunderstood and thought that this meant that people would never receive any reward for serving Hashem. They could not comprehend how this could be the case and thus began to reject many limudim including the one related to how and when daughters inherit.
On Bava Basra 116b, the Mishna discusses the daughters of Tslophchad and how they came to inherit their father's estate. The Mishna notes that they inherited three portions, each of which has its own interesting nuance. They inherited their father's individual portion because he was among those who left Egypt. The Rashbam explains that everyone who left Egypt with Moshe earned a portion in the land of Israel, even if the person did not live long enough to enter Israel. Since Tslophchad left Egypt, his daughters (as his only remaining heirs) were entitled to divide his portion. Additionally, Tslophchad's father (Chever) left Egypt with Moshe and also died in the midbar. As such, Tslophchad inherited a portion of his father's estate (and therefore his share in the land of Israel) which was actually a double portion because he was the bechor. The Rashbam also notes the significance of the double portion since it usually does not pass until it vests and the Jews had not yet entered into Israel when Tslophchad died. However, since the land of Israel was deemed to have vested in all who left Egypt once they left, the bechor's double shared had indeed vested and they could inherit the double portion.
If you have seen this post being carried on another site such as JBlog, please feel free to click here to find other articles on the kosherbeers blogsite. Hey its free and you can push my counter numbers up!
On Bava Basra 115b, the gemara makes a statement that if a judge rules that a daughter of the deceased inherits in equal shares with the son, it is not to be followed as it is a maasei tzadukim. The Rashbam then gives the backstory on the tzadukim as he explains that Tzadok and Baisos were students of Antignos Ish Socho who had learned Antignos' statement (from Pirkei Avos 1:3) that one should not worship Hashem like a servant who only acts in order to get paid. However, they misunderstood and thought that this meant that people would never receive any reward for serving Hashem. They could not comprehend how this could be the case and thus began to reject many limudim including the one related to how and when daughters inherit.
On Bava Basra 116b, the Mishna discusses the daughters of Tslophchad and how they came to inherit their father's estate. The Mishna notes that they inherited three portions, each of which has its own interesting nuance. They inherited their father's individual portion because he was among those who left Egypt. The Rashbam explains that everyone who left Egypt with Moshe earned a portion in the land of Israel, even if the person did not live long enough to enter Israel. Since Tslophchad left Egypt, his daughters (as his only remaining heirs) were entitled to divide his portion. Additionally, Tslophchad's father (Chever) left Egypt with Moshe and also died in the midbar. As such, Tslophchad inherited a portion of his father's estate (and therefore his share in the land of Israel) which was actually a double portion because he was the bechor. The Rashbam also notes the significance of the double portion since it usually does not pass until it vests and the Jews had not yet entered into Israel when Tslophchad died. However, since the land of Israel was deemed to have vested in all who left Egypt once they left, the bechor's double shared had indeed vested and they could inherit the double portion.
If you have seen this post being carried on another site such as JBlog, please feel free to click here to find other articles on the kosherbeers blogsite. Hey its free and you can push my counter numbers up!
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