The Chasam
Sofer ( Shu”t E.H. 76) discusses if an adopted son
may be called up to the Torah as the son of his
adoptive father.
We see from
the Ramban’s Girsa in the Targum Unkelesthat Serach
was the daughter of Osher’s wife and not of Osher.(SEE HERE)
The
Torah still calls her Bas Osher.
The
reason is, because, since he raised her, he is considered as
the father. So too an adopted son can be called up as the son of his
adoptive father.
On the other
hand, Tosfos in Pesachim (54a), says
” We don’t
find in the whole Torah , that a son of a wife
is called his
son.”
The Knesess
Hagedola holds, Tosfos is only where
the father
has also biological sons.
The Chasam
Sofer explains the reason is, because a person wants his
Yerusha (inheritance) to go only to his own (biological)
children. By calling him a son there is a danger he will
end up inheriting together with his own children.
In a case
where there are no children of his own, then he is
called a son. (he probably wants the Yerushato go to
him).
If they adopt
a daughter, then even if the husbandhas sons of
his own, being there is no danger of her inheriting
with brothers, she is called a daughter.*
Therefore
Serach is called Bas Osher even though Osher had
sons.
*(could be where adoptive father was in kesubah or
Get, kosher b'dieved)
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