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Bava Basra Chart #7

Bava Basra Daf 115b

NACHALAH MEMASHMESHES V'HOLECHES AD REUVEN
The following is a chart showing the priority of inheritance, as described by the RASHBAM(1)(2). The numbers [in brackets] represent the order of inheritance when the person with the preceding number is no longer alive. 

                                                                         |

                 YAKOV AVINU                                             |

                      |                                                  |

                      |                                                  |

                      |                                                  |

                    REUVEN                                               |

                      |                                                  |

                  [14]|                                                  |

                      |                  [15]                            |

                     PALU - - - - - - - - - - - - - - - - - - - CHANOCH  |

                      |                                    (and brothers)|

                  [13]|                                         [16]|    |

                      |                                             |    |

                    ELIAV (no brothers or sisters)               SON OF  |

                      |                                          CHANOCH |

                  [10]|                                             |    |

                      |                  [11]                       |    |

                    NEMUEL - - - - - - - - - - - - - - - - - DASAN  *    |

                      |                                        |         |

                      |                                        |         |

                   [5]|                                    [12]|         |

         [8]          |                     [6]                |         |

 SISTER - - - *THE DECEASED* (NEMUEL'S SON)- - - BROTHER  SON OF DASAN   |

   |                  |\                            |(3)   (cousin of    |

   |                  |  \                          |       Deceased)    |

[9]|               [1]|    \ [3]                 [7]|          |         |

   |                  |      \                      |          |         |

 SISTER'S SON     HIS SON   HIS DAUGHTER       BROTHER'S SON   *         |

   |   (4)            |         \                   |                    |

   |                  |           \                 |                    |

   *               [2]|             \ [4]           *                    |

                      |               \                                  |

               HIS SON'S SON    HIS DAUGHTER'S SON(4)(5)                 |

                      |                 |                                |

                      |                 |                                |

                      *                 *                                |

                                                                         |
* = The inheritance continues down this line if there are living descendants, in accordance with the Mishnah (115a), "Yotz'ei Yerecho Kodmin."
==========
FOOTNOTES:
==========
 (1) The words of the Rashbam (DH Nachalah Memashmeshes) as they appear in our texts are confusing, and have been emended intensively by the Acharonim. This chart is based on the Halachic conclusion of the Gemara (see Maharsha and Rashash), as the Rashbam himself concludes at the end of the Sugya (116b, DH Hachi Nami, beginning with the words "v'Hashta Sham'inan").
(2) The general rule is that the order of precedence for Yerushah is (a) son, (b) daughter, (c) father. This pattern repeats itself at each level. For example, when the Yerushah of the deceased is passed up to his father (i.e. when the deceased has no children or descendants), and his father is also deceased, we look first for (a) any other sons (or grandsons, etc.) of the father of the deceased (i.e. brothers of the deceased), and if there are no sons, then we look for (b) daughters (sisters of the deceased). If there are none, then we look for (c) *his* father (i.e. the grandfather of the deceased). If he is not alive, then we start the pattern over and look for (a) the grandfather's son (the uncle of the deceased), etc.
(3) This is according to our Mishnah, which is the Halachic opinion. There is a dissenting view, however. Rebbi Yehudah bar'Rebbi Shimon (114b) maintains that when a man dies and has no children (or descendants) and no living father, his *mother* inherits him.
(4) This is according to our Mishnah, which is the Halachic opinion. There is a dissenting view, however. Rebbi Zecharya ben ha'Katzav (111a) maintains that when a woman dies, her son and daughter inherit her *equally*, and the son does not take precedence over the daughter.
(5) What is the Halachah when the daughter is no longer living *and* the grandson is no longer living (and he has no children of his own), but the daughter's *husband* (i.e. the grandson's father) is alive? According to the pattern of Yerushah (as expressed above in footnote #2), we should look for the grandson's father, and his father should inherit the Yerushah! This is not the Halachah, though. The Gemara (114b) teaches that the Mishnah compares the Yerushah of a husband from his wife to the Yerushah of a son from his mother in order to teach that just as a man does not inherit property that comes to his wife after she has died, so, too, the father and paternal relatives of a woman's son do not inherit property that comes to him from his mother after his death. This applies to any case in which a woman bequeaths property to her child (for example step [9] in our chart).

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