Bava Batra 112A

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Text Excerpt

וכי מנין ליאיר שלא היה לו לשגוב? מלמד שנשא יאיר אשה ומתה, וירשה.

And from where did Yair have land that his father, Seguv, did not have? Rather, this teaches that Yair married a woman who inherited her father’s land, and she died and he inherited from her so that he had his own land. This also indicates that a husband inherits from his wife.

מאי ״ואומר״? וכי תימא, בסבת הבן קא קפיד קרא, אבל בעל לא ירית ⁠– תא שמע: ״ולא תסב נחלה לבני ישראל ממטה למטה״.

The Talmud proceeds to explain this baraita. What is the meaning of: And it states? Why is it necessary to provide additional proofs beyond the first verse? The Talmud explains: The first verse seems to prove the halakha that a husband inherits from his wife. And if you would say that the verse that rules that a woman who inherited land from her father cannot marry a man from another tribe is not concerned that he will inherit from her, but rather the verse is concerned about a transfer of inheritance from one tribe to another by means of the son who will inherit from his mother, as he belongs to his father’s tribe, but a husband does not inherit from his wife; therefore, come and hear another verse that is seemingly superfluous: “So should no inheritance of the children of Israel transfer from tribe to tribe” (Numbers 36:7). This teaches that a transfer of land could occur by means of the husband inheriting from her.

וכי תימא, לעבור עליו בלאו ועשה ⁠– תא שמע: ״לא תסב נחלה ממטה למטה אחר״.

And if you would say that this verse is also concerned with the transfer of the inheritance by means of the son, and that the seemingly superfluous verse is stated for another purpose, i.e., in order to establish that a woman who inherited land from her father and marries a man from another tribe will violate for that act a prohibition, namely: “So should no inheritance of the children of Israel transfer,” and a positive mitzva, namely: “should be wife to one of the family of the tribe of her father”; therefore, come and hear another verse that is seemingly superfluous: “So should no inheritance transfer from one tribe to another tribe” (Numbers 36:9), which teaches that a transfer can occur by means of the husband inheriting from his wife.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.