Our Gemara on amud beis uses a proof  text to teach that if a man has no children to inherit him, the closest next of kin, father, brothers, uncles etc inherit him. The Mikra Mefurash, quoted by Sefer Daf al Daf, raises a question from Avraham’s dialogue with God, where he expresses fear that without an heir, his servant will inherit all his wealth (Bereishis 15:3):

Avram said further, “Since You have granted me no offspring, my steward (Eliezer) will be my heir.”

The Mikra Mefurash asks, why would Avraham mention Eliezer as his successor? Avraham had a brother (Nachor) and a nephew (Lot) who could inherit him. He answers, this is a proof for the Rambam’s position that aside from direct from father, next of kin inheritance does not apply to Gentiles, and is subject to their local custom and law (Nachalos 6:9).  In this regard, Avraham was a gentile and subject to local ordnance. 

However, there are other ways to understand Avraham’s concern. Yismach Moshe explains that Avraham was concerned about his spiritual heir.  If he had no son, the man who would carry on his teachings and his philosophy was Eliezer, his servant. While Eliezer was a righteous person and could have done some of the job, no one can carry on the legacy of a father’s teachings as well as a son. 

We see this reflected in the Rambam (Laws of Kings 1:7):

Not only the monarchy, but all other positions of authority and appointments in Israel, are transferred to one's children and grandchildren as inheritances forever. The above applies if the knowledge and the fear of God of the son is equivalent to that of his ancestors. If his fear of God is equivalent to theirs but not his knowledge, he should be granted his father's position and given instruction. However, under no circumstance should a person who lacks the fear of God be appointed to any position in Israel, even though he possesses much knowledge.

We see a strong preference for a son to carry on the father’s legacy. When all things are considered equal, the son is preferred for leadership positions.  The most logical explanation is that though a loyal student can absorb his master’s teachings, and we have notable figures such as Yehoshua who took precedence of Moshe’s own sons, a son is able to inherit his father’s teachings in a superior fashion. Factors such as similar temperament, length of exposure time and experience, and many non-verbal cues are subtle parts of Torah.

I write this piece on Erev Rosh Hashanah which is also my father’s Yahrzheit.  I am grateful for the Torah he taught me, much of which could only come from being by his side, shmoozing, joking, crying and observing his conduct.  May we all be zocheh to carry Torah to the next generations in the most authentic manner.