Tanach · Rishonim on Tanach · Ramban · Torah
Ramban on Numbers 27:9/רמב"ן על במדבר כ״ז:ט׳
אוְאִם אֵין לוֹ בַת וּנְתַתֶּם אֶת נַחֲלָתוֹ לְאֶחָיו – קִבְּלוּ רַבּוֹתֵינוּ (ב״ב קטו) כִּי הָאָב יוֹרֵשׁ אֶת בְּנוֹ כַּאֲשֶׁר מֵת בְּלֹא זֶרַע, וְלֹא הִזְכִּיר הַכָּתוּב זֶה. וְהַטַּעַם כִּי בְּמִשְׁפְּטֵי הַיְּרֻשָּׁה כָּל מַנְחִיל נוֹחֵל, כִּי הַקֻּרְבָה שָׁוָה, וְכֵיוָן שֶׁאָמַר הַכָּתוּב שֶׁהַבֵּן יוֹרֵשׁ אֶת אָבִיו גַּם הָאָב יוֹרֵשׁ אֶת הַבֵּן. וְעוֹד, כִּי הַיְּרֻשָּׁה הִיא בְּשַׁלְשֶׁלֶת הַזֶּרַע בְּיוֹצְאֵי חֲלָצָיו לֹא בַּצְּדָדִין. אִם כֵּן וּנְתַתֶּם אֶת נַחֲלָתוֹ לְאֶחָיו מַשְׁמַע נַחֲלָה שֶׁהָאָב יוֹרֵשׁ בַּקֶּבֶר וּמִמֶּנּוּ תָּבֹא לָאַחִים, אֲבָל לֹא רָצָה לוֹמַר ״וְאִם אֵין לוֹ בַת וּנְתַתֶּם אֶת נַחֲלָתוֹ לְאָבִיו״, כִּי דֶּרֶךְ בְּרָכָה יְדַבֵּר וְלֹא בַּנִּכְרָתִים. וְאוּלַי לֹא הָיָה זֶה בְּבָאֵי הָאָרֶץ שֶׁיִּנְחַל הָאָב אֶת הַבֵּן, שֶׁבָּהֶם יְדַבֵּר:
1AND IF HE HAVE NO DAUGHTER, THEN YE SHALL GIVE HIS INHERITANCE UNTO HIS BRETHREN. Our Rabbis have received a tradition164 that a father inherits his son if he [the son] dies without any children, but Scripture, however, did not mention this. The reason [for this omission] is that in the laws of inheritance [the rule is]: “Whoever can bequeath an inheritance to his relations can inherit [from them],” since their relationship is mutual. Now since Scripture stated that a son inherits his father, [it is self-understood that] the father also inherits his son [if the son died without direct descendants, but left, for example, brothers]. And furthermore, the [primary law of] inheritance is [that it follows the direct] line of [descent of] successors [of the progenitor] according to his [direct] descendants, and does not go by means of a side-succession [such as to a brother; hence the father gets it back from his son].164 If so [the meaning of the verse] then ye shall give his inheritance unto his brethren is the inheritance which the father inherits in the grave [in a direct line back from his son]; and from him [the father, who is already dead], it comes [again in a direct line] to the brothers [who survive the deceased son]. But [although according to the tradition of our Rabbis, a father inherits his son who dies without any children, even if the son has surviving brothers], Scripture yet did not want to say: “And if he have no daughter, then ye shall give his inheritance unto ‘his [surviving] father,’” [but instead states that you shall give his inheritance ‘to his brothers’] since the Torah speaks “in a way of blessing” [and therefore mentions only the children or brothers who inherit], for it does not [want to speak about] those who are “cut off” [i.e., a case where the dead man is “cut off” in his youth, during the lifetime of his father]. And perhaps [the reason why Scripture does not mention it explicitly is] because it did not happen to any of those who entered the Land, that a father [outlived and] inherited his son, but the sons always had direct descendants to inherit them; for it is about them [those who entered the Land] that Scripture speaks.