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1) THE DIVISION OF THE LAND

(a) Question: Was Eretz Yisrael divided among the tribes, or among the people?
(b) Answer #1: "Bein Rav li'M'at (each tribe will receive an equal portion)".
(c) Answer #2 (Beraisa): In the future, Eretz Yisrael will be divided among 13 tribes - originally, it was only divided among 12;

1. It was only divided according to the value of the land - "Bein Rav li'M'at".

i. R. Yehudah says, a field in Yehudah (big enough to sow) one Se'ah is equal to a five Sa'os field in Galil.

2. It was only divided by lottery - "Ach b'Goral".
3. It was only divided with the Urim v'Tumim (stones on the Kohen Gadol's garment on which letters would light up to answer questions) - "Al Pi ha'Goral"

i. Elazar was wearing the Urim v'Tumim; Yehoshua and all of Yisrael were before him. One box contained the names of the tribes; another, the names of the portions of Eretz Yisrael.
ii. With Divine inspiration, R. Elazar predicted which tribe would be selected, and which portion, e.g. Zevulun, and the portion by Ako. He then pulled these from the respective boxes.

4. The division in this world is unlike the division in the world to come.

i. In this world, one who gets a grain field does not get an orchard, and vice-versa; in the world to come, everyone will receive a share in the mountain, plain and valley - "Sha'ar Reuven Echad Sha'ar Yehudah Echad...";
ii. (In the world to come), Hash-m will make the division himself - "V'Eleh Machl'kosam Ne'um Hash-m".

(d) (Summation of answer): The Beraisa says that it was only divided among 12 - this shows, it was divided to the tribes.
(e) Question: The Beraisa says that Eretz Yisrael will be divided among 13 tribes - to whom is the extra portion?
(f) Answer (Rav Chisda): The Nasi - "Veha'Oved ha'Ir Ya'avduhu (they will give him an inheritance) mi'Kol Shivtei Yisrael".
(g) Question (Rav Papa): Perhaps they just temporarily allow him use of their land!
(h) Answer (Abaye): "Veha'Nosar la'Nasi ..."
(i) (Beraisa): It was only divided according to value - "Bein Rav li'M'at".
(j) Question: Regarding what was this taught?

1. Suggestion: If regarding the different qualities of land - this is obvious, only a fool would ignore the quality!

(k) Answer: Rather, a field closer to Yerushalayim is worth more.
(l) Tana'im argue about this.

1. (Beraisa - R. Eliezer): Those that received closer portions gave monetary compensation to those that received distant portions.
2. R. Yehoshua says, compensation was given in land.

i. R. Yehudah says, a field in Yehudah (big enough to sow) one Se'ah is equal to a five Sa'os field in Galil.

(m) (Beraisa): It was only divided by lottery - "Ach b'Goral".
(n) (Beraisa): "Ach b'Goral" - this excludes Kalev and Yehoshua.
(o) Question: How are they excluded?

1. Suggestion: They did not receive anything.
2. Rejection: They even received portions of others (the Meraglim), all the more so they received what was due to them!

(p) Answer: Rather, they did not receive according to the lottery; rather, Hash-m declared what they received.

1. "Al Pi Hash-m Nasnu Lo Es ha'Ir...Timnas Serach"

i. Contradiction: Elsewhere, it is called "Cheres"!
ii. Answer #1 (R. Elazar): At first, its fruits were as hard as earthenware (Cheres); after Yehoshua received it, they were so juicy that they could spoil (Masri'ach).
iii. Answer #2: At first, its fruits were juicy and would spoil; after Yehoshua received it, they would never spoil, as earthenware.

2. "Va'Yitenu l'Chalev Es Chevron..."
3. Question: But Chevron is a city of refuge (it belongs to the Levi'im)!
4. Answer (Abaye): Kalev received the surrounding towns - "V'Es Sede ha'Ir v'Es Chatzereha Nasenu l'Kalev".

(a) (Mishnah): A son and a daughter inherit the same way, except that a (firstborn) son receives a double portion in his father's property, not in his mother's property;
(b) Daughters are fed from the father's property, not from the mother's property.
(c) (Gemara) Question: What does it mean, a son and a daughter inherit the same way?

1. Suggestion: They split the inheritance.
2. Rejection (Mishnah): A son inherits before a daughter.

(d) Answer #1 (Rav Nachman Bar Yitzchak): A son and a daughter both inherit property that is fitting to come, just as they inherit property owned by the parent at the time of death.
(e) Objection #1: We already learned that in a Mishnah! Tzelafchad's daughters received three portions: Tzelafchad's own portion, his share of his father's portion ...
(f) Objection #2: Why does our Mishnah say 'except'?
(g) Answer #2 (Rav Papa): Both a son and a daughter (i.e. when there are no sons and she inherits) inherit the extra share of the firstborn (if their father was a firstborn).
(h) Objection #1: We already learned that in a Mishnah! Tzelafchad's daughters ... and Tzelafchad's extra share of his father's portion, for he was a firstborn.
(i) Objection #2: Why does it say 'except'?
(j) Answer #3 (Rav Ashi): A son among sons is like a daughter among daughters - if the parent said that he/she should inherit everything, this takes effect.
(k) Objection #1: This is like R. Yochanan ben Brokah, a coming Mishnah teaches this!

1. (Mishnah - R. Yochanan ben Brokah): Reuven said 'Shimon should inherit me' - if Shimon is fitting to inherit him, it takes effect; if not, not.
2. Suggestion: Perhaps our Mishnah teaches it anonymously, to teach that this is the Halachah.
3. Rejection: If an anonymous Mishnah is followed by a Mishnah in which Tana'im argue, the law need not be as the anonymous Mishnah.

(l) Objection #2: Why does it say 'except'?
(m) Answer #4 (Mar Bar Rav Ashi): A daughter (when there are no sons) inherits as a son would in the property of the mother and father, except that a (firstborn) son receives a double portion in the property of the father, and not in the property of the mother.

(a) (Beraisa): "Lases Lo Pi Shnayim" - he gets twice what a regular brother receives.
(b) Question: Perhaps he receives two (thirds) of all the property!