Friday, July 6, 2018

adoptees

Parshas Hashavua
סוף סוף ראשי
ראש סוף סופי
ובא נח אל התיבה
פנחס       

The חתם סופר ( Shu”t E.H. 76) has a discussion if an adopted son may be called up to the Torah as the son of his adoptive father.

The Ramban’s Girsa in the תרגום אונקלס is that שרח was the daughter of אשר’s wife and not the daughter of אשר. The Torah still calls her בת אשר. The reason is, 
that, since אשר raised her, he is considered.the father. Therefore an adopted son should be called up to the Torah as the son of his adoptive father. 

However, תוספות in Pesachim (54a), says ” We don’t find anywhere in the Torah, that a son of a wife is called his son.”

The כנסת הגדולה holds, that שיטת תוספות is only applicable where the father has other biological sons.

The Chasam Sofer explains the reason is, that since a person wants his ירושה (inheritance) to go only to his biological children, therefore. by calling 
him a son there is a possibility he will end up inheriting together with his biological children.

In a case where there are no biological children, then the adopted son is called a son since in that case, the father does want 
the ירושה to go to this son.

 An adopted daughter is always called a daughter even when there are biological siblings since daughters don't ever inherit.

Therefore שרח is called בת אשר even though אשר had sons.

1 comment:

  1. My advice to mamzerim and chalalim
    is that they should adopt children instead of
    having their own biological children.

    ==================================
    NEW: Reform and Conservative
    are in Self-Destruct Mode
    :


    www.jewishworldreview.com/0618/glick061118.php3

    https://cross-currents.com/2018/06/12/not-your-bubbes-huc/

    ReplyDelete

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