Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 216:6

טעמא דאיכא האי פירכא הא לאו הכי הוה אמינא אח עדיף תיפוק ליה

he is [entitled] to take his father's place in designating [the Hebrew handmaid of his father to be his wife],<span class="x" onmousemove="('comment',' The master of a Hebrew handmaid may designate her to be his wife, and there is no need for him to betroth her in the usual manner. His son also, 'if she please not her user', may designate her to be his wife, in the same way as his father. No brother or any other person has the same privileges. Cf. Ex. XXI, 7ff. ');"><sup>11</sup></span> and [also in the redeeming] of a field of [his father's] possession.<span class="x" onmousemove="('comment',' If a man sanctifies onto the Lord a field of his possession, he or his son may redeem it. If a brother, however, or any other person has redeemed the field, it returns to the priests in the jubilee year. Cf. Lev. XXVII, 16ff. ');"><sup>12</sup></span> On the contrary! [Rather say:] 'The brother is included because he also takes the place of his brother in the case of a levirate marriage.'<span class="x" onmousemove="('comment',' The law requiring a person to marry the widow of a brother who dies without issue. Cf. Deut. XXV, 5ff. A son, of course, cannot have this right or privilege. ');"><sup>13</sup></span> Surely levirate marriage only takes place where there is no son, but where there is a son there is no levirate marriage.<span class="x" onmousemove="('comment',' Consequently, even as regards levirate marriages, a son stands nearer, and is in a more privileged position than a brother. ');"><sup>14</sup></span> [From what has been said it appears] that the [only] reason [for the precedence of a son is] that there is this reply,<span class="x" onmousemove="('comment',' 'Surely levirate etc.' ');"><sup>15</sup></span> but had it not [been] so, it would have been held [that] a brother takes precedence, [but cannot] this [law]<span class="x" onmousemove="('comment',' That a son takes precedence over a brother. ');"><sup>16</sup></span> be deduced

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