Responsa for Bava Batra 281:2
האומר אם ילדה אשתי זכר וכו': למימרא דבת עדיפא ליה מבן והא אמר ר' יוחנן משום רשב"י כל שאינו מניח בן ליורשו הקב"ה מלא עליו עברה שנאמר (במדבר כז, ח) והעברתם את נחלתו לבתו ואין העברה אלא עברה שנאמר (צפניה א, טו) יום עברה היום ההוא
IF A MAN SAID: SHOULD MY WIFE BEAR A MALE CHILD etc. Does this imply that a daughter is dearer to him, than a son?<span class="x" onmousemove="('comment',' Since the bequest to her was two hundred zuz, while to a son it was a maneh only (i.e., one hundred zuz). ');"><sup>4</sup></span> Surely R. Johanan said in the name of R. Simeon b. Yohai: The Holy One, blessed be He, is filled with wrath against anyone who does not leave a son to be his heir, for it is said, And you shall cause his inheritance to pass unto his daughter,<span class="x" onmousemove="('comment',' Num. XXVII, 8. ');"><sup>5</sup></span> and by the expression of 'causing to pass'<span class="x" onmousemove="('comment',' [H] ');"><sup>6</sup></span> 'wrath'<span class="x" onmousemove="('comment',' [H] of the same root ([H]) as ha'abara, denominative of weha'abartem. ');"><sup>7</sup></span>
Teshuvot Maharam
A. Since B has been prevented, by death, from fulfilling his promise, he never became obligated to pay the 20*In some sources (Pr. 50, L. 355) the reading is “marks.” The discrepancy arose because of the similarity of the two Hebrew letters of Khaf and Beth, which stand for 20 and 2 respectively. The Cremona source and the Mord., however, used the word Esrim, 20, specifically. marks to A. Consequently his heirs owe nothing to A.
This question was also sent to R. Meir by his father, R. Baruch, who was one of the judges in this case.
SOURCES: Cr. 31; Pr. 50; Pr. 939; L. 355; Mord. B.M. 247; cf. Jacob Weil, Responsa 105; ibid. 142.
Teshuvot Maharam
A. Since B has been prevented, by death, from fulfilling his promise, he never became obligated to pay the 20*In some sources (Pr. 50, L. 355) the reading is “marks.” The discrepancy arose because of the similarity of the two Hebrew letters of Khaf and Beth, which stand for 20 and 2 respectively. The Cremona source and the Mord., however, used the word Esrim, 20, specifically. marks to A. Consequently his heirs owe nothing to A.
This question was also sent to R. Meir by his father, R. Baruch, who was one of the judges in this case.
SOURCES: Cr. 31; Pr. 50; Pr. 939; L. 355; Mord. B.M. 247; cf. Jacob Weil, Responsa 105; ibid. 142.