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87-429: An heir (fem. heiress) is one who inherits. Heir may also refer to: Heir In law, an "heir" ( FEM: heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under

174-659: A Hebrew abbreviation of shisha sedarim , or the "six orders" of the Mishnah . The Talmud has two components: the Mishnah ( משנה , c. 200 CE), a written compendium of the Oral Torah ; and the Gemara ( גמרא , c. 500 CE), a commentary of the Mishnah and related Tannaitic writings whose greater goal is to systematically understand the Hebrew Bible . Sometimes, the term "Talmud"

261-459: A Babylonian Aramaic dialect. The Jerusalem is also more fragmentary (and difficult to read) due to a less complete redactional process . Legally, the two differ minimally. The Babylonian Talmud has received significantly more interest and coverage from commentators. This significantly greater influence is primarily because the prestige of the Jewish community of Israel steadily declined in contrast with

348-540: A Greco-Roman model to a Judeo-Christian pattern, based on Biblical and traditional Judeo-Christian principles. The transformation was essentially complete in the Middle Ages, although in English-speaking countries there was additional development under the influence of Protestantism . Even when Europe became secularized and Christianity faded into the background, the legal foundation Christendom had laid remained. Only in

435-511: A compilation by Zechariah Aghmati called Sefer ha-Ner . The Tosafot are collected commentaries by various medieval Ashkenazic rabbis on the Talmud (known as Tosafists or Ba'alei Tosafot ). One of the main goals of the Tosafot is to explain and interpret contradictory statements in the Talmud. Unlike Rashi, the Tosafot is not a running commentary, but rather comments on selected matters. Often

522-636: A compilation of scholastic teachings and analyses on the Mishnah (especially those concerning agricultural laws) found across regional centres of the Land of Israel now known as the Academies in Galilee (principally those of Tiberias , Sepphoris , and Caesarea ). It is written largely in Jewish Palestinian Aramaic , a Western Aramaic language that differs from its Babylonian counterpart . The eye and

609-486: A corresponding Gemara. Also, the order of the tractates in the Talmud differs in some cases from that in the Mishnah . The Gemara constitutes the commentary portion of the Talmud. The Mishnah, and its commentary (the Gemara), together constitute the Talmud. This commentary arises from a longstanding tradition of rabbis analyzing, debating, and discussing the Mishnah ever since it had been published. The rabbis who participated in

696-509: A daughter inherits land, she must marry someone within her father's tribe. (The daughters of Zelophehad marry the sons' of their father's brothers. There is no indication that this was not their choice.) The laws of Jewish inheritance are discussed in the Talmud , in the Mishneh Torah and by Saadiah ben Joseph among other sources. All these sources agree that the firstborn son is entitled to

783-517: A disciple of Judah ha-Nasi . Tradition ascribes the compilation of the Babylonian Talmud in its present form to two Babylonian sages, Rav Ashi and Ravina II . Rav Ashi was president of the Sura Academy from 375 to 427. The work begun by Rav Ashi was completed by Ravina, who is traditionally regarded as the final Amoraic expounder. Accordingly, traditionalists argue that Ravina's death in 475

870-442: A double portion of his father's estate. This means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. If the eldest surviving son is not the firstborn son, he is not entitled to the double portion. Philo of Alexandria and Josephus also comment on

957-490: A home than those who do not regardless of the size of the inheritance. Often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. As a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live in poorer neighborhoods, as well as achieve lower educational attainment compared with whites in America. Individuals with

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1044-581: A job, and purchasing a home. The third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. The origin of the stability of inequalities is material (personal possessions one is able to obtain) and is also cultural, rooted either in varying child-rearing practices that are geared to socialization according to social class and economic position. Child-rearing practices among those who inherit wealth may center around favoring some groups at

1131-522: A lower boundary on the dating of the Babylonian Talmud, it must post-date the early 5th century given its reliance on the Jerusalem Talmud . From the time of its completion, the Talmud became integral to Jewish scholarship. A maxim in Pirkei Avot advocates its study from the age of 15. This section outlines some of the major areas of Talmudic study. One area of Talmudic scholarship developed out of

1218-818: A person cannot be legally disinherited (such as the United States state of Louisiana , which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will (an example is that of the will of comedian Jerry Lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife). Inheritance has been compared to nepotism . Detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along

1305-427: A portion of any inheritance or estate becomes government revenue . Talmud The Talmud ( / ˈ t ɑː l m ʊ d , - m ə d , ˈ t æ l -/ ; Hebrew : תַּלְמוּד ‎ , romanized :  Talmūḏ , lit.   'teaching') is, after the Hebrew Bible , the central text of Rabbinic Judaism and the primary source of Jewish religious law ( halakha ) and Jewish theology . Until

1392-473: A previous will, or would otherwise be expected to inherit, is termed "disinheritance". A person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. Members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim; otherwise, they are heirs presumptive . There

1479-464: A result, this inequality is believed to become part of the overall social structure. Women's unequal inheritance rights refer to the disparities and discriminatory practices that women face in inheriting property and assets compared to men. These inequalities stem from a combination of legal, cultural, and religious practices that often prioritize male heirs over female ones, resulting in significant socio-economic consequences for women. Dynastic wealth

1566-482: A substantial amount of wealth and inheritance often intermarry with others of the same social class to protect their wealth and ensure the continuous transmission of inheritance across generations; thus perpetuating a cycle of privilege. Nations with the highest income and wealth inequalities often have the highest rates of homicide and disease (such as obesity, diabetes, and hypertension) which results in high mortality rates. A New York Times article reveals that

1653-700: A sugya of the Babylonian Talmud may draw upon the Mishnah, the Jerusalem Talmud, midrash, and other sources. The traditions that the Gemara comments on are not limited to what is found in the Mishnah, but the Baraita as well (a term that broadly designates Oral Torah traditions that did not end up in the Mishnah). The baraitot cited in the Gemara are often quotations from the Tosefta (a tannaitic compendium of halakha parallel to

1740-536: A variety of subjects, including halakha , Jewish ethics , philosophy , customs , history , and folklore , and many other topics. The term Talmud normally refers to the collection of writings named specifically the Babylonian Talmud ( Talmud Bavli ), compiled in the 5th century by Rav Ashi and Ravina II . There is also an earlier collection known as the Jerusalem Talmud ( Talmud Yerushalmi ). It may also traditionally be called Shas ( ש״ס ),

1827-496: Is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny . In modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate . Takers in property succeeded to under a will are termed generally beneficiaries , and specifically devises for real property , bequests for personal property (except money), or legatees for money. Except in some jurisdictions where

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1914-433: Is considered an integral part of Sharia law and its application for Muslims is mandatory, though many peoples (see Historical inheritance systems ), despite being Muslim, have other inheritance customs. The distribution of the inherited wealth has varied greatly among different cultures and legal traditions. In nations using civil law , for example, the right of children to inherit wealth from parents in pre-defined ratios

2001-504: Is divided into chapters ( perakim ; singular: perek ), 517 in total, that are both numbered according to the Hebrew alphabet and given names, usually using the first one or two words in the first Mishnah. A perek may continue over several (up to tens of) pages . Each perek will contain several mishnayot . The Mishnah is a compilation of legal opinions and debates. Statements in the Mishnah are typically terse, recording brief opinions of

2088-713: Is enshrined in law, as far back as the Code of Hammurabi (ca. 1750 BC). In the US State of Louisiana, the only US state where the legal system is derived from the Napoleonic Code , this system is known as " forced heirship " which prohibits disinheritance of adult children except for a few narrowly-defined reasons that a parent is obligated to prove. Other legal traditions, particularly in nations using common law , allow inheritances to be divided however one wishes, or to disinherit any child for any reason. In cases of unequal inheritance,

2175-544: Is founded on the Marxist Labor Theory of Value , any money collected in the course of a lifetime is justified if it was based on the fruits of the person's own labor and not from exploiting others. The first communist government installed after the Russian Revolution resolved therefore to abolish the right of inheritance, with some exceptions. Many states have inheritance taxes or estate taxes , under which

2262-763: Is largely in Jewish Babylonian Aramaic , although quotations in the Gemara of the Mishnah, the Baraitas and Tanakh appear in Mishnaic or Biblical Hebrew. Some other dialects of Aramaic occur in quotations of other older works, like the Megillat Taanit . The reason why earlier texts occur in Hebrew, and later texts in Aramaic, is because of the adoption of the latter (which was the spoken vernacular) by rabbinic circles during

2349-514: Is monetary inheritance that is passed on to generations that did not earn it. Dynastic wealth is linked to the term Plutocracy . Much has been written about the rise and influence of dynastic wealth including the bestselling book Capital in the Twenty-First Century by the French economist Thomas Piketty . Bill Gates uses the term in his article "Why Inequality Matters". As Communism

2436-456: Is often criticized as being a modern-day version of pilpul . Nevertheless, the influence of the Brisker method is great. Most modern-day Yeshivot study the Talmud using the Brisker method in some form. One feature of this method is the use of Maimonides ' Mishneh Torah as a guide to Talmudic interpretation, as distinct from its use as a source of practical halakha . Rival methods were those of

2523-427: Is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital . Lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. Research reveals that inheritance plays an important role in the accumulation of housing wealth. Those who receive an inheritance are more likely to own

2610-562: Is only used for the Gemara. As a whole, the traditions of the Talmud emerged in a literary tradition that occurred between the destruction of the Second Temple in 70 CE and the Arab conquest in the early seventh century. In all, the Talmud is divided into 63 tractates , with each tractate systematically discussing one general subject or theme. In the standard print of the Talmud (the Vilna Shas ),

2697-463: Is set out: a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. Later, in Numbers 36, some of the heads of the families of the tribe of Manasseh come to Moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth-tribe's inheritance into her marriage-tribe's. So a further rule is laid down: if

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2784-634: Is the latest possible date for the completion of the redaction of the Talmud. However, even on the most traditional view, a few passages are regarded as the work of a group of rabbis who edited the Talmud after the end of the Amoraic period, known as the Savoraim or Rabbanan Savora'e (meaning "reasoners" or "considerers"). Unlike the Western Aramaic dialect of the Jerusalm Talmud, the Babylonian Talmud has

2871-637: Is used without qualification. The two Talmuds were likely written independently of one another. The Jerusalem Talmud ( Talmud Yerushalmi ) is known by several other names, including the Palestinian Talmud (which is more accurate, as it was not compiled in Jerusalem ), or the Talmuda de-Eretz Yisrael ("Talmud of the Land of Israel"). Prior to being written down, it was transmitted orally for centuries and represents

2958-496: The makshan (questioner) and tartzan (answerer). Gemara also commonly tries to find the correct biblical basis for a given law in the Mishnah as well as the logical process that connects the biblical to the Mishnaic tradition. This process was known as talmud , long before the "Talmud" itself became a text. In addition, the Gemara contains a wide range of narratives, homiletical or exegetical passages, sayings, and other non-legal content, termed aggadah . A story told in

3045-453: The Aggadic material from the Talmud. It was intended to familiarize the public with the ethical parts of the Talmud and to dispute many of the accusations surrounding its contents. Geonic -era (6th-11th centuries) commentaries have largely been lost, but are known to exist from partial quotations in later medieval and early modern texts. Because of this, it is known that now-lost commentaries on

3132-453: The Jewish laws of inheritance, praising them above other law codes of their time. They also agreed that the firstborn son must receive a double portion of his father's estate. At first, Christianity did not have its own inheritance traditions distinct from Judaism. With the accession of Emperor Constantine in 306, Christians both began to distance themselves from Judaism and to have influence on

3219-450: The Law of Moses , the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( Deuteronomy 21:15–17 ). If there were no living sons and no descendants of any previously living sons, daughters inherit. In Numbers 27, the five daughters of Zelophehad come to Moses and ask for their father's inheritance, as they have no brothers. The order of inheritance

3306-503: The Mir and Telz yeshivas . See Chaim Rabinowitz § Telshe and Yeshiva Ohel Torah-Baranovich § Style of learning . The text of the Talmud has been subject to some level of critical scrutiny throughout its history. Rabbinic tradition holds that the people cited in both Talmuds did not have a hand in its writings; rather, their teachings were edited into a rough form around 450 CE (Talmud Yerushalmi) and 550 CE (Talmud Bavli.) The text of

3393-467: The 15th and 16th centuries, a new intensive form of Talmud study arose. Complicated logical arguments were used to explain minor points of contradiction within the Talmud. The term pilpul was applied to this type of study. Usage of pilpul in this sense (that of "sharp analysis") harks back to the Talmudic era and refers to the intellectual sharpness this method demanded. Pilpul practitioners posited that

3480-498: The 15th century on, some authorities sought to apply the methods of Aristotelian logic , as reformulated by Averroes . This method was first recorded, though without explicit reference to Aristotle, by Isaac Campanton (d. Spain, 1463) in his Darkhei ha-Talmud ("The Ways of the Talmud"), and is also found in the works of Moses Chaim Luzzatto . According to the present-day Sephardi scholar José Faur , traditional Sephardic Talmud study could take place on any of three levels. In

3567-467: The 18th century, pilpul study waned. Other styles of learning such as that of the school of Elijah b. Solomon, the Vilna Gaon , became popular. The term "pilpul" was increasingly applied derogatorily to novellae deemed casuistic and hairsplitting. Authors referred to their own commentaries as "al derekh ha-peshat" (by the simple method) to contrast them with pilpul. Among Sephardi and Italian Jews from

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3654-645: The Babylonian community in the years after the redaction of the Talmud and continuing until the Gaonic era. Maimonides claims that all Jewish communities in the Gaonic period formally accepted the Babylonian Talmud as binding, and that in any areas where the two Talmuds conflict, deference is given to the Babylonian opinion. Neither covers the entire Mishnah. For example, the Babylonian commentary only covers 37 of 63 Mishnaic tractates. In particular: The Babylonian Talmud records

3741-518: The Biblical books themselves), though some may have made private notes ( megillot setarim ), for example, of court decisions. This situation changed drastically due to the Roman destruction of the Jewish commonwealth and the Second Temple in the year 70 and the consequent upheaval of Jewish social and legal norms. As the rabbis were required to face a new reality—mainly Judaism without a Temple (to serve as

3828-458: The Mishnah) and the Midrash halakha (specifically Mekhilta, Sifra and Sifre ). Some baraitot , however, are known only through traditions cited in the Gemara, and are not part of any other collection. In addition to the six Orders, the Talmud contains a series of short treatises of a later date, usually printed at the end of Seder Nezikin. These are not divided into Mishnah and Gemara. The work

3915-502: The Talmud could contain no redundancy or contradiction whatsoever. New categories and distinctions ( hillukim ) were therefore created, resolving seeming contradictions within the Talmud by novel logical means. In the Ashkenazi world the founders of pilpul are generally considered to be Jacob Pollak (1460–1541) and Shalom Shachna . This kind of study reached its height in the 16th and 17th centuries when expertise in pilpulistic analysis

4002-622: The Talmud runs to a length of 2,711 double-sided folios . Talmud translates as "instruction, learning", from the Semitic root lmd , meaning "teach, study". Originally, Jewish scholarship was oral and transferred from one generation to the next. Rabbis expounded and debated the Torah (the written Torah expressed in the Hebrew Bible) and discussed the Tanakh without the benefit of written works (other than

4089-543: The Talmud was compiled appears to have been forgotten at least by the second half of the Middle Ages, when estimates between the 3rd century BCE to the 9th century CE are suggested in the Wikkuah , a text that records the debates that took place in the Disputation of Paris (also known as the "Trial of the Talmud") which took place in 1240. A wide range of dates have been proposed for the Babylonian Talmud by historians. The text

4176-402: The Talmud were written by Paltoi Gaon, Sherira , Hai Gaon , and Saadya (though in this case, Saadiya is not likely to be the true author). Of these, the commentary of Paltoi ben Abaye ( c. 840) is the earliest. His son, Zemah ben Paltoi paraphrased and explained the passages which he quoted; and he composed, as an aid to the study of the Talmud, a lexicon which Abraham Zacuto consulted in

4263-460: The Talmud, has become a classic. Sections in the commentary covering a few tractates (Pes, BB and Mak) were completed by his students, especially Judah ben Nathan , and a sections dealing with specific tractates (Ned, Naz, Hor and MQ) of the commentary that appear in some print editions of Rashi's commentary today were not composed by him. In the twelfth and thirteenth centuries, a genre of rabbinic literature emerged surrounding Rashi's commentary, with

4350-633: The U.S. is the world's wealthiest nation, but "ranks twenty-ninth in life expectancy, right behind Jordan and Bosnia" and "has the second highest mortality rate of the comparable OECD countries". This has been regarded as highly attributed to the significant gap of inheritance inequality in the country, although there are clearly other factors such as the affordability of healthcare . When social and economic inequalities centered on inheritance are perpetuated by major social institutions such as family, education, religion, etc., these differing life opportunities are argued to be transmitted from each generation. As

4437-542: The above changes, the Quran imposed restrictions on testamentary powers of a Muslim in disposing his or her property. Three verses of the Quran, 4:11, 4:12 and 4:176, give specific details of inheritance and shares, in addition to few other verses dealing with testamentary. But this information was used as a starting point by Muslim jurists who expounded the laws of inheritance even further using Hadith , as well as methods of juristic reasoning like Qiyas . Nowadays, inheritance

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4524-412: The advent of modernity , in nearly all Jewish communities, the Talmud was the centerpiece of Jewish cultural life and was foundational to "all Jewish thought and aspirations", serving also as "the guide for the daily life" of Jews. Above all, the Talmud is a commentary on the Mishnah , primarily written in Jewish Babylonian Aramaic . It contains the teachings and opinions of thousands of rabbis on

4611-453: The center of teaching and study) and total Roman control over Judaea , without at least partial autonomy—there was a flurry of legal discourse and the old system of oral scholarship could not be maintained. It is during this period that rabbinic discourse began to be recorded in writing. In antiquity, the two major centres of Jewish scholarship were located in Galilee and Babylonia . A Talmud

4698-596: The development of the Jewish Law in the Holy Land. It was also an important primary source for the study of the Babylonian Talmud by the Kairouan school of Chananel ben Chushiel and Nissim ben Jacob , with the result that opinions ultimately based on the Jerusalem Talmud found their way into both the Tosafot and the Mishneh Torah of Maimonides . Ethical maxims contained in the Jerusalem Talmud are scattered and interspersed in

4785-594: The era of modern jurisprudence have there been significant changes. The Quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre-Islamic societies that existed in the Arabian Peninsula at the time. Furthermore, the Quran introduced additional heirs that were not entitled to inheritance in pre-Islamic times, mentioning nine relatives specifically of which six were female and three were male. However,

4872-578: The expense of others at the bottom of the social hierarchy . It is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. Although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility . In fact, children of well-off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. Likewise, schooling attainment

4959-461: The explanations of Tosafot differ from those of Rashi. Among the founders of the Tosafist school were Rabbeinu Tam , who was a grandson of Rashi, and, Rabbenu Tam's nephew, Isaac ben Samuel . The Tosafot commentaries were collected in different editions in the various schools. The benchmark collection of Tosafot for Northern France was that of Eliezer of Touques . The standard collection for Spain

5046-525: The female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order. The inheritance is patrimonial. The father —that is, the owner of the land— bequeaths only to his male descendants, so the Promised Land passes from one Jewish father to his sons. According to

5133-426: The fifteenth century. Saadia Gaon is said to have composed commentaries on the Talmud, aside from his Arabic commentaries on the Mishnah. The first surviving commentary on the entire Talmud is that of Chananel ben Chushiel . Many medieval authors also composed commentaries focusing on the content of specific tractates, including Nissim ben Jacob and Gershom ben Judah . The commentary of Rashi , covering most of

5220-463: The heart are two abettors to the crime. The final redaction of the text was in the late fourth or early fifth century, once Christianity had become the state religion of the Roman Empire and Jerusalem. Just as wisdom has made a crown for one's head, so, too, humility has made a sole for one's foot. Despite its incomplete state, the Jerusalem Talmud remains an indispensable source of knowledge of

5307-536: The inheritance rights of women remained inferior to those of men because in Islam someone always has a responsibility of looking after a woman's expenses. According to Quran 4:11 , for example, a son is entitled to twice as much inheritance as a daughter. The Quran also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably. In addition to

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5394-458: The inter generational transmission of income or wealth which is said to have a direct impact on one's mobility (or immobility) and class position in society. Nations differ on the political structure and policy options that govern the transfer of wealth. According to the American federal government statistics compiled by Mark Zandi in 1985, the average US inheritance was $ 39,000. In subsequent years,

5481-455: The late 19th century another trend in Talmud study arose. Hayyim Soloveitchik (1853–1918) of Brisk (Brest-Litovsk) developed and refined this style of study. Brisker method involves a reductionistic analysis of rabbinic arguments within the Talmud or among the Rishonim , explaining the differing opinions by placing them within a categorical structure. The Brisker method is highly analytical and

5568-663: The law and practices of secular institutions. From the beginning, this included inheritance. The Roman practice of adoption was a specific target, because it was perceived to be in conflict with the Judeo-Christian doctrine of primogeniture . As Stephanie Coontz documents in Marriage, a History (Penguin, 2006), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in Western Europe from

5655-620: The legal discussions throughout the several treatises, many of which differ from those in the Babylonian Talmud. The Babylonian Talmud ( Talmud Bavli ) consists of documents compiled over the period of late antiquity (3rd to 6th centuries). During this time, the most important of the Jewish centres in Mesopotamia , a region called " Babylonia " in Jewish sources (see Talmudic academies in Babylonia ) and later known as Iraq , were Nehardea , Nisibis (modern Nusaybin ), Mahoza ( al-Mada'in , just to

5742-406: The majority might receive a small amount while the minority inherits a larger amount. The amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion-dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to

5829-765: The midst of benefiting from the greatest inheritance of wealth in history". Inherited wealth may help explain why many Americans who have become rich may have had a "substantial head start". In September 2012, according to the Institute for Policy Studies , "over 60 percent" of the Forbes richest 400 Americans "grew up in substantial privilege", and often (but not always) received substantial inheritances. Other research has shown that many inheritances, large or small, are rapidly squandered. Similarly, analysis shows that over two-thirds of high-wealth families lose their wealth within two generations, and almost 80% of high-wealth parents "feel

5916-478: The need to ascertain the Halakha (Jewish rabbinical law). Early commentators such as Isaac Alfasi (North Africa, 1013–1103) attempted to extract and determine the binding legal opinions from the vast corpus of the Talmud. Alfasi's work was highly influential, attracted several commentaries in its own right and later served as a basis for the creation of halakhic codes. Another influential medieval Halakhic work following

6003-505: The next generation is not financially responsible enough to handle inheritance". It has been argued that inheritance plays a significant effect on social stratification . Inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification . It also affects the distribution of wealth at the societal level. The total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined

6090-734: The opinions of the rabbis of the Ma'arava (the West, meaning Israel) as well as of those of Babylonia, while the Jerusalem Talmud seldom cites the Babylonian rabbis. The Babylonian version also contains the opinions of more generations because of its later date of completion. For both these reasons, it is regarded as more comprehensive. The structure of the Talmud follows that of the Mishnah, in which six orders ( sedarim ; singular: seder ) of general subject matter are divided into 60 or 63 tractates ( masekhtot ; singular: masekhet ) of more focused subject compilations, though not all tractates have Gemara. Each tractate

6177-592: The order of the Babylonian Talmud, and to some extent modelled on Alfasi, was "the Mordechai ", a compilation by Mordechai ben Hillel ( c. 1250–1298). A third such work was that of Asher ben Yechiel (d. 1327). All these works and their commentaries are printed in the Vilna and many subsequent editions of the Talmud. A 15th-century Spanish rabbi, Jacob ibn Habib (d. 1516), compiled the Ein Yaakov , which extracts nearly all

6264-426: The overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. By 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. Some researchers have attributed this rise to the baby boomer generation. Historically, the baby boomers were the largest influx of children conceived after WW2. For this reason, Thomas Shapiro suggests that this generation "is in

6351-636: The period of the Amoraim (rabbis cited in the Gemara) beginning around the year 200. A second Aramaic dialect is used in Nedarim , Nazir , Temurah , Keritot , and Me'ilah ; the second is closer in style to the Targum . The oldest full manuscript of the Talmud, known as the Munich Talmud (Codex Hebraicus 95), dates from 1342 and is available online. Manuscripts of the Talmud are as follows: The exact date at which

6438-460: The process that produced this commentarial tradition are known as the Amoraim . Each discussion is presented in a self-contained, edited passage known as a sugya . Much of the Gemara is legal in nature. Each analysis begins with a Mishnaic legal statement. With each sugya, the statement may be analyzed and compared with other statements. This process can be framed as an exchange between two (often anonymous, possibly metaphorical) disputants, termed

6525-691: The purpose of supplementing it and addressing internal contradictions via the technique of pilpul . This genre of commentary is known as the Tosafot and focuses on specific passages instead of a running continuous commentary across the entire Talmud. Many Talmudic passages are difficult to understand, sometimes owing to the use of Greek or Persian loanwords whose meaning had become obscure. A major area of Talmudic scholarship developed to explain these passages and words. Some early commentators such as Rabbenu Gershom of Mainz (10th century) and Rabbenu Ḥananel (early 11th century) produced running commentaries to various tractates. These commentaries could be read with

6612-490: The rabbis debating a subject; or recording only an unattributed ruling, apparently representing a consensus view. The rabbis recorded in the Mishnah are known as the Tannaim (literally, "repeaters", or "teachers"). These tannaim—rabbis of the second century CE--"who produced the Mishnah and other tannaic works, must be distinguished from the rabbis of the third to fifth centuries, known as amoraim (literally, "speakers"), who produced

6699-443: The son. This is especially seen in old world cultures, but continues in many families to this day. Arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. In terms of inheritance inequality, some economists and sociologists focus on

6786-642: The south of what is now Baghdad ), Pumbedita (near present-day al Anbar Governorate ), and the Sura Academy , probably located about 60 km (37 mi) south of Baghdad. The Babylonian Talmud comprises the Mishnah and the Babylonian Gemara, the latter representing the culmination of more than 300 years of analysis of the Mishnah in the Talmudic Academies in Babylonia. The foundations of this process of analysis were laid by Abba Arika (175–247),

6873-463: The subject. The first form of inheritance is the inheritance of cultural capital (i.e. linguistic styles, higher status social circles, and aesthetic preferences). The second form of inheritance is through familial interventions in the form of inter vivos transfers (i.e. gifts between the living), especially at crucial junctures in the life courses. Examples include during a child's milestone stages, such as going to college, getting married, getting

6960-400: The terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in specific circumstances) and the intestate laws then apply. The exclusion from inheritance of a person who was an heir in

7047-476: The text likely trace to this time regardless of the date of the final redaction/compilation. Additional external evidence for a latest possible date for the composition of the Babylonian Talmud are the uses of it by external sources, including the Letter of Baboi (mid-8th century), Seder Tannaim veAmoraim (9th century) and a 10th-century letter by Sherira Gaon addressing the formation of the Babylonian Talmud. As for

7134-611: The text of the Talmud and would help explain the meaning of the text. Another important work is the Sefer ha-Mafteaḥ (Book of the Key) by Nissim Gaon , which contains a preface explaining the different forms of Talmudic argumentation and then explains abbreviated passages in the Talmud by cross-referring to parallel passages where the same thought is expressed in full. Commentaries ( ḥiddushim ) by Joseph ibn Migash on two tractates, Bava Batra and Shevuot, based on Ḥananel and Alfasi, also survive, as does

7221-460: The two Talmudim and other amoraic works". Since it sequences its laws by subject matter instead of by biblical context, the Mishnah discusses individual subjects more thoroughly than the Midrash , and it includes a much broader selection of halakhic subjects than the Midrash. The Mishnah's topical organization thus became the framework of the Talmud as a whole. But not every tractate in the Mishnah has

7308-430: Was Rabbenu Asher 's Tosefot haRosh. The Tosafot that are printed in the standard Vilna edition of the Talmud are an edited version compiled from the various medieval collections, predominantly that of Touques. A recent project, Halacha Brura , founded by Abraham Isaac Kook , presents the Talmud and a summary of the halachic codes side by side, so as to enable the "collation" of Talmud with resultant Halacha. During

7395-399: Was compiled in each of these regional centres. The earlier of the two compilations took place in Galilee, either in the late fourth or early fifth century, and it came to be known as the Jerusalem Talmud (or Talmud Yerushalmi ). Later on, and likely some time in the sixth century, the Babylonian Talmud was compiled. This later Talmud is usually what is being referred to when the word "Talmud"

7482-665: Was considered an art form and became a goal in and of itself within the yeshivot of Poland and Lithuania. But the popular new method of Talmud study was not without critics; already in the 15th century, the ethical tract Orhot Zaddikim ("Paths of the Righteous" in Hebrew) criticized pilpul for an overemphasis on intellectual acuity. Many 16th- and 17th-century rabbis were also critical of pilpul. Among them are Judah Loew ben Bezalel (the Maharal of Prague), Isaiah Horowitz , and Yair Bacharach . By

7569-435: Was most likely completed, however, in the 6th century, or prior to the early Muslim conquests in 643–636 CE at the latest, on the basis that the Talmud lacks loanwords or syntax deriving from Arabic . Recently, it has been extensively argued that Talmud is an expression and product of Sasanian culture, as well as other Greek - Roman , Middle Persian , and Syriac sources up to the same period of time. The contents of

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