Bava Batra 216:1

ועוד כדכתיב (במדבר כז, ח) איש כי ימות ובן אין לו

and, secondly,<span class="x" onmousemove="('comment',' Lit., 'and furthermore'. ');">¹</span> [one should follow the order of the Torah,] as it is written, If a man die and have no son?<span class="x" onmousemove="('comment',' Num. XXVII, 8. This implies that if a father leaves a son, the latter inherits from him. Now, since the Scripture begins with the case of a son inheriting from his father the Tanna of our Mishnah should have done likewise! ');">²</span>

ותנא איידי דאתיא ליה מדרשא חביבא ליה

— The Tanna prefers<span class="x" onmousemove="('comment',' Lit., 'beloved to him'. ');">³</span> [to begin with the case of a father who is heir to his son] because this [law] has been arrived at through an exposition. What is the exposition? — It has been taught: His kinsman,<span class="x" onmousemove="('comment',' Num. XXVII, 11. Ye shall give his inheritance unto his kinsman. ');">⁴</span>

ומאי דרשא דתניא שארו זה האב מלמד שהאב קודם לאחין יכול יהא קודם לבן ת"ל (במדבר כז, יא) הקרוב קרוב קרוב קודם

refers to the [dead man's] father. This teaches that a father takes precedence<span class="x" onmousemove="('comment',' If the dead man is survived by a father and brothers, his estate is inherited by the former. ');">⁵</span> over brothers. One might [assume] that he also takes precedence over a son, [therefore] it was expressly stated, that is next [to him],<span class="x" onmousemove="('comment',' Ibid. ');">⁶</span>

ומה ראית לרבות את הבן ולהוציא את האח מרבה אני את הבן שכן קם תחת אביו ליעדה ולשדה אחוזה

[which implies] he who is nearest<span class="x" onmousemove="('comment',' A son is a nearer relative than a father. ');">⁷</span> takes precedence. What reason is there<span class="x" onmousemove="('comment',' Lit., 'what have you seen?' ');">⁸</span>

אדרבה מרבה אני את האח שכן קם תחת אחיו ליבום כלום יש יבום אלא במקום שאין בן הא במקום שיש בן אין יבום

for including the son<span class="x" onmousemove="('comment',' I.e., regarding him as the nearest relative, taking precedence over father and brothers. ');">⁹</span> and excluding the brother? — The son is included because, as is known,<span class="x" onmousemove="('comment',' Lit., 'for so'. ');">¹⁰</span>

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. ');">¹¹</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. ');">¹²</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. ');">¹³</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. ');">¹⁴</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.' ');">¹⁵</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. ');">¹⁶</span> be deduced