Wednesday, December 9, 2009

Bava Batra 109 - Order of Inheritance

The children of the deceased are first in line for inheritance, followed by the father and, only then, his siblings. How do we know that the father indeed precedes the deceased's brothers?

The passages of the Torah describing the laws of inheritance do not mention the deceased's father at all. However, in the phrase "You shall give his inheritance to HIS RELATIVE who is closest to him of his family," "his relative" means the deceased's father. Now that we see that the father is mentioned, his place in the inheritance chain is right after the children because one's father is considered a closer relative to him than his siblings.

If so, why is the father not mentioned explicitly? The Torah wanted to avoid describing the sad situation of a father inheriting his son.

Art: And When Did You Last See Your Father? by Willliam Frederick Yeames

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