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Babylonian Talmud: Tractate Baba Bathra
— Come and hear: [According to the lot shall their inheritance be divided] whether many1 or few.2 Furthermore it was taught: The land of Israel will in time to come be divided between thirteen tribes; for at first3 it was only divided among twelve tribes and was divided only according to monetary [values],4 as is said, whether many or few.5 R. Judah said: A se'ah in Judaea is worth five se'ah in Galilee.6 And it was only divided by lot, for it is said, Not with standing [the land shall be divided] by lot.7 And it was only divided by [the direction] of] the Urim and Tumim.8 for it is said, According to the speaking9 of the lot;10 how [could] this [be done]?11 — Eleazar was wearing the Urim and Tumim, while Joshua and all Israel stood before him. An urn [containing the names] of the [twelve] tribes, and an urn containing descriptions] of the boundaries were placed before him. Animated by the Holy Spirit, he gave directions, exclaiming: 'Zebulun' is coming up and the boundary lines of Acco are coming up with it. [Thereupon], he shook well the urn12 of the tribes and Zebulun came up in his hand. [Likewise] he shook well the urn of the boundaries and the boundary lines of Acco came up in his hand. Animated again by the Holy Spirit, he gave directions, exclaiming: 'Naphtali' is coming up and the boundary lines of Gennesar13 are coming up with it. [Thereupon] he shook well the urn of the tribes and Naphtali came up in his hand. He, [likewise], shook well the box of the boundaries, and the boundary lines of Gennesar came up in his hand. And [so was the procedure with] every [other] tribe. And the division in the world to come will not be like the division in this world. [In] this world, [should] a man possess a cornfield14 he does not possess an orchard; [should he possess] an orchard he does not possess a cornfield, [but] in the world to come15 there will he no single individual who will not possess [land] in mountain, lowland and valley; for it is said, The gate of Reuben one; the gate of Judah one; the gate of Levi one.16 The Holy One, blessed be He, Himself, [will] divide it among them; for it is said, And these are their portions saith the Lord God'.17 At all events, it was taught [here] that, at first, [the land] was only divided among twelve tribes, [from which it] may be inferred that the division was in accordance with [the number of] the tribes. This proves it.
The Master has said, 'The land of Israel will in time to come be divided among thirteen tribes'. For whom is that [extra portion]? — R. Hisda said: For the prince;18 for it is written, And he that serves the city,19 they out of all the tribes of Israel, shall serve him.20 R. Papa said to Abaye: Might it21 not be said [to refer] merely [to] public service?22 — This cannot be assumed at all,23 for it is written, And the residue shall be for the prince. On the one side and on the other, of the holy offering and of the possession of the city.24
'And it was divided only according to monetary [values], as it is said, Whether many or few'. In what [respect]?25 If it be suggested [that compensation was to be given in respect of lands] of superior and inferior quality,26 [it could he retorted,] 'Are we discussing fools'?27 — But, [this is the explanation, in respect] of [an estate that was] near and [one that was distant.28 [This29 is] in accordance with [the opinion of one of the following] Tannaim: R. Eliezer said: Compensation30 was given in money. R. Joshua said: Compensation was given in land.
And it was only divided by lot, for it is said, Notwithstanding [the land shall be divided] by lot'. A Tanna taught; 'Notwithstanding … by lot'; Joshua and Caleb being excluded. In what [respect]?31 If it be suggested that they did not take [any portion] at all, [it might be retorted], 'if32 they took [that] which was not theirs33 could there be any question [as to whether they should take] what was theirs? — But [this means], that they did not receive [their shares] by lot but by the command of the Lord. 'Joshua'.34 — for it is written, According to the commandment of the Lord they gave him the city which he asked, even Timnath-serah in the hill country of Ephraim.35
Baba Bathra 122b
It is written, serah1 and it is [also] written, heres!2 — R. Eleazar said: At first,3 its fruits [were as dry] as a potsherd4 and afterwards5 its fruits emitted all offensive odour.6 Others say: at first3 they emitted an offensive odour7 and afterwards8 [they were as dry] as a potsherd.9 'Caleb?10 — for it is written. And they gave Hebron unto Caleb, as Moses had spoken; and he drove out thence the three sons of Anak.11 Was [not] Hebron a city of refuge?12 Abaye replied: Its suburbs [were given to Caleb], for it is written, But the fields of the city, and the villages thereof, gave they to Caleb the son of Jephunneh for his possession.13
MISHNAH. BOTH A SON AND A DAUGHTER HAVE EQUAL RIGHTS OF SUCCESSION. EXCEPT THAT A SON [WHEN FIRSTBORN] TAKES A DOUBLE PORTION IN THE ESTATE OF HIS FATHER BUT DOES NOT TAKE IT IN THE ESTATE OF HIS MOTHER. DAUGHTERS MUST BE MAINTAINED OUT OF THE ESTATE OF THEIR [DECEASED] FATHER14 BUT NOT OUT OF THE ESTATE OF THEIR [DECEASED] MOTHER.15
GEMARA. What [is meant by] BOTH A SON AND A DAUGHTER HAVE EQUAL RIGHTS OF SUCCESSION? If it is suggested that [the meaning is that] they have equal status in heirship. Surely, [it may be retorted], we have learnt, 'a son takes precedence over a daughter [and] all lineal descendants of a son take precedence over a daughter!16 — R. Nahman b. Isaac replied: It is this that was meant: Both a son and a daughter17 [are equally entitled to] take [their shares] in a prospective [estate of the deceased] as in that which is in [his] possession [at the time of his death]. Surely, we have learnt18 this also; 'The daughters of Zelophehad took three shares in the inheritance [of Canaan]: The share of their father who was of those who came out of Egypt, and his share among his brothers in the possessions of Hepher'!19 Furthermore, what [is the force of] EXCEPT?20 — But, said R. Papa, it is this that was meant: Both a son and a daughter21 [are entitled to] take the [prospective] portion of the birthright [of their father]. Surely, we have learnt22 this also: 'Since he was a firstborn son [who] takes two shares'!23 Furthermore, what [is the force of] EXCEPT?20 — But, said R. Ashi, it is this that was meant: [As regards] both, a son [of the deceased] among [his other] sons and a daughter24 among [his other] daughters, if [the deceased] had said, 'he [or she]25 shall inherit all my property', his instruction is legally valid.26 Whose view is here represented?27 [Is it not that] of28 R. Johanan b. Beroka? Surely that is [specifically] taught further on:29 R. Johanan b. Beroka said: If [a person] said [it]30 concerning one who is entitled to be his heir. his instruction is legally valid; [if, however, he said it] concerning one who is not entitled to be his heir, his instruction is not valid!31 And if it is suggested [that] it was [desired] to state [the law] anonymously, [to show] agreement with [the view of] R. Johanan b. Beroka,32 [surely, it may be pointed out, this is a case of] an anonymous statement followed by33 a dispute,34 and [wherever] an anonymous statement [is] followed by a dispute the law is not [decided] in accordance with the anonymous statement!35 Furthermore, what [is the force of] EXCEPT?36 But, said Mar son of R. Ashi, it is this that was meant: Both a son and, [in the absence of a son], a daughter [have] equal [rights of succession] in the estate of a mother and in the estate of a father, except37 that a son takes a double portion in the estate of his father38 and he does not take a double portion in the estate of his mother.
Our Rabbis taught: Giving him39 a double portion,40 [implies] twice as much as [any] one [of the others receive].41 You said 'Twice as much as [any] one [of the others]'; is it not possible42 [that our Mishnah] does not [mean this] but 'a double portion in all the estate'?43 — But this44 may be deduced by logical reasoning:
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