Wednesday, December 9, 2009

Bava Batra 109 - Order of Inheritance


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

The passages of the Torah describing the laws of inheritance do not mention the father of the deceased 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 father of the deceased. Now that we see that the father is mentioned, his place in the chain of inheritance is right after the children, because one's father is considered a closer relative to him than his siblings are.

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: William Frederick Yeames - And When Did You Last See Your Father?

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