Saturday 20 May 2017

Bava Batra 118: Protesting one's Lack of Inheritance; Dividing Inheritance

We continue to learn about the halacha of inheritance through the example of Zelophchad's daughters.  Those daughters protested the inheritance of land in HaAretz that they believed was rightly theirs. We are told that they protested on a number of grounds:

  • All who left Egypt were entitled to land, including their grandfather Chefer
  • All who entered Israel were entitled to land
  • They received their father's portion when he died with no sons
  • They received their father's double portion because he was a first born son 
The rabbis compare the daughters' protest with the protest of Joseph's descendants.  He is connected to Korach and the revolt - and ultimate deaths - of thousands of people who followed Korach's protests in Egypt.  

One of the interesting facts we learn is that the tribe of Joseph were thought to be immune to the evil eye.  This is because of a phrase that was interpreted to mean that the evil eye had no power over Joseph.  

The Gemara wonders whether Zelophchad's daughters and Joseph's descendants were the only recorded protesters because they were the only somewhat successful petitioners.  This questioning of the correct interpretation of Torah is significant.  The rabbis are openly speaking to the fact that they do not know with certainty the meaning of the Torah.  They recognize that they don't even understand  whether the Torah has adequately recorded everything that we need to know to create interpretations.

Today's daf also addresses the ways in which land might have been inherited by different tribes and within each tribe.  It is possible that much of the allotment of land was done inequitably - where there were more children, each person may have had a smaller piece of property. 

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