Bava Batra 111 - Daughters Could Have Inherited Together with Sons

Even though we know that the son precedes the daughter in the inheritance coming from their father,  it could still be that the daughter precedes the son in the inheritance from their mother.

However, we have the following a-forteriori (kal vachomer) argument: "Any daughter who inherits a legacy from the tribes of the children of Israel" refers to the inheritance coming to a daughter from her mother. Now, the daughter does not inherit from her father but nevertheless inherits from her mother. The son, who inherits from his father, surely inherits from his father and even preempts the daughter.

Rabbi Zecharia Hakatzav says that an a-forteriori argument cannot give the son more rights than the daughter, and they should share in the inheritance equally. However, the final law does not follow him.

Art: Mother and Daughter by Federico Zandomeneghi


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