REVACH L'DAF
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SUMMARY
1. If a person dies with no sons, his estate is inherited by his daughter.
2. A daughter inherits her father before her father's brothers.
3. The general rule is that whenever one person comes before another person for inheritance, all of his descendants also take precedence.
4. The Gemara explains how we know that descendants take precedence.
5. The daughter of the deceased son of the deceased father inherits from her grandfather before the daughter of the deceased.
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A BIT MORE
1. However, if he had a son who is now deceased, and that son's son is still alive, that grandson inherits his grandfather before the daughter of the deceased.
2. Similarly, if she is now deceased, all of her children come before her father's brothers.
3. A father inherits before other relatives of the deceased who are not descendants of the deceased. Accordingly, a father inherits before a brother of the deceased, but he would not inherit before the son, or even the grandson, of the deceased.
4. This is derived from the verse, "Ein Lo" ("he does not have [a son to inherit him]," which teaches us "Ayin Alav" -- "check into him," meaning that one should check into whether or not he has descendants who take precedence.
5. This was a big argument between the Chachamim and the Tzedukim. The Megilas Ta'anis states that there was even a Yom Tov established on the 24th of Teves, the day on which the Chachamim convincingly won the argument against the Tzedukim that the daughter of the son should inherit.
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Index to Revach for Maseches Bava Basra
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