A Husband Does Not Inherit Property Merely Expected

Yalkut Shimoni on Nach 36:1

"And Elazar the son of Aaron died" (Joshua 24:33). Rabbi Abbahu said in the name of Rabbi Yohanan in the name of Rabbi Yannai, and some report it in the name of Rabbi Yehoshua ben Korhah: From where do we know that a husband does not inherit property that is merely expected as he inherits property already held? As it is said, "And Segub begot Jair, and he had twenty-three cities in the land of Gilead" (1 Chronicles 2:22). From where do we know that these belonged to Jair and not to Segub? This teaches that Segub married a woman who died in the lifetime of those from whom she would inherit, and then those from whom she would inherit died, and Jair inherited them. And it says, "And Elazar the son of Aaron died, and they buried him in the hill of Phinehas his son, which was given to him in Mount Ephraim" (Joshua 24:33). From where do we know that this hill belonged to Phinehas and not to Elazar? This teaches that Elazar married a woman who died in the lifetime of those from whom she would inherit, and Phinehas inherited it. Why "and it says" a second proof? Should you say that it was Jair who married the woman who died, come and hear, "And Elazar the son of Aaron died." And should you say it fell to him from a field of devoted property, come and hear, "And they buried him in the hill of his son, which was given to him as an inheritance," an inheritance properly due to him, and Phinehas inherited it.

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