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Sam, the Chachamim prohibited blowing the Shofar on Shabbos (for example). That is because of a Chashash. Don’t compare that to targeting the Mitzva directly. Besides, this is a Momonus directive. You would need a Hefker Beis Din to undo it.
The problem is that even a will can’t really do away with the Bechor part. That is a Lav of Lo Suchal Levaker. It would help to give to his daughters.
To explain the concept of Nachla, somewhat, it is mainly about keeping the name. The Torah wants the family name to continue. That is why the sons take over the land. Also, every Shevet is supposed to have it’s own territory.
This is what the Benos Tzlafchad were saying. Rashi quotes the Gemara that they asked that their mother should be Misyabem. Their main concern was what will happen to the family’s Nachla.
Just as today the family goes by the husband’s name (in most cases), then too. The idea is that women marry and get to eat from their husband’s fields, which he Yarshened.
One thing might be different today. The arrangement of her Masei Yadayim going to him and him feeding and supporting her is not necessarily kept. Most couples work as partners. If this is established as a fact then she obviously keeps half of the estate.
Which Navi, Tana, Amora or Gaon had multiple wives?
The aforementioned Elkannah.
Mind you, I grant your point that it was very rare, but you did ask…
The Wolf
Oh. But even there, being that he didn’t have children from chana, that might have been the reason.
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