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Section: Questions   Category: Halacha
Halacha - Minsha Bikurim - unique cases - do they bring/recite?
Submitted by Chaim C  Answered by Rav Peretz Moncharsh
Question:
Answer:

The reason women do not recite when bringing bikurim is because they can not say "the land which You, Hashem have granted me" even if they own land. The Tosafos Yom Tov writes that this Halacha would even apply to Tzlofchad's daughter's because the land was divided to those who departed Mitzraim and they received their portion as an inheritance from their father and not a "grant from Hashem".

Regarding the megadeif, the Mishna says that a convert does not recite unless his mother is Jewish. Since one born to a Jewish mother is not a convert at all, this refers to one who is born Jewish to a father who converted. Since the blasphemer was born before Matan Torah when patrilineal descent was the rule, he would be similar to one today who was born to a Jewish father and non-Jewish mother and converted, and is not considered to have any relationship to either of his parents. Additionally, the Mishna Rishona brings a Tosafos in Bava Basra that even a descendant of a father who is a ger and a Jewish mother still could not recite when bringing bikurim because he has only solved one of the two issues and still has no direct inheritance in the land.

I have not seen anyone comment on the proximity of the two topics, but it seems to me that the juxtaposition of how two different groups handled their challenging family situation led to radically different outcomes. Bnos Tzlofchad who respectfully inquired about constructive options are recorded for history as the initiators of daughters inheriting, while the megadeif who planted his tent without asking and refused to accept Moshe Rabbeinu's psak is recorded in infamy as one of the first recipients of the Torah's death penalty.

posted:2009-05-31 08:18:25


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