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Misva #400: The Laws of Inheritance

Misva #400: The Laws of Inheritance

FromSefer Hachinuch


Misva #400: The Laws of Inheritance

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Feb 22, 2023
Format:
Podcast episode

Description

The Torah in Parashat Pinhas (Bamidbar 27:8-11) establishes the principles of Yerusha – inheritance, specifically, who inherits a deceased individual’s estate, and in what order of precedence. The Sefer Ha’hinuch begins his discussion of this Misva by clarifying that the Torah does not require a person to hold onto all his property and not give any away so that his children will inherit all his wealth. While this is an ideal in other faiths, the Torah does not follow this approach. A person is entitled to use the money Hashem has given him as he pleases, and may allocate his wealth to whichever people or causes he chooses to, even though this will diminish from the inheritance he bequeaths to his children. A person does not have the right to circumvent the Torah’s laws of inheritance, such as by declaring after a fight with one of his sons that he should not receive a portion of the inheritance. However, during a person’s lifetime, he has every right to distribute his wealth as he wishes, as long as the gifts are given when he is still alive. Explaining the rationale behind the Torah’s system of inheritance, the Sefer Ha’hinuch writes that Hashem wishes for the blessings He grants us to remain with us permanently. Indeed, if not for Adam and Hava’s sin in Gan Eden, which brought death into the world, we would enjoy G-d’s blessings forever. Human mortality makes G-d’s blessings temporary, but the Torah sought to extend them permanently through the institution of Yerusha, whereby a person’s wealth remains with his offspring and within his family, thus, in a sense, staying with him for all eternity. Additionally, the Sefer Ha’hinuch writes, in the case of a person who has no children to inherit his estate, it goes to his siblings or other relatives, because, generally speaking, they had played a role in his becoming the person who he was. All people are influenced by those in their close inner circle, and therefore an individual can be said to be a product of his family’s influence. In recognition of this impact that one’s family had upon a person, they inherit his estate if he has no children to inherit his assets. The basic law of Yerusha is that a person’s assets are given to his sons, or, if his son or sons had died, then to their offspring. If there are no sons or offspring of sons, then the estate goes to the deceased’s daughters, or, if the daughters had died, then to the daughters’ descendants. If there are no daughters or descendants of daughters, then the estate is given to the deceased’s paternal siblings, or to their offspring. If there are no paternal siblings or descendants of siblings, then the estate is given to the deceased’s father’s paternal siblings, or to their offspring. If there are no such relatives, then the estate goes to the closest relative. The only scenario in which a deceased has no relatives is the case of a convert who died without children. Everyone born a Jew has some relative who can inherit his estate. It is only a convert, whom Halacha considers no longer related to his family members after he converts, who can die without any inheritors. According to Torah law, a mother does not inherit her son’s estate if, Heaven forbid, he dies during her lifetime. A son inherits his father even if he is a Mamzer (the product of an incestuous or adulterous relationship), and even if he became an apostate, as inheritance rights do not depend on one’s level of religious observance. The Sages enacted a provision granting a husband rights to his wife’s estate if she passes away during his lifetime. A firstborn son receives a double portion. If the deceased left only two sons, then the estate is divided into three equal portions, and the firstborn receives two of the three portions. If the deceased left three sons, then the estate is divided into four equal portions, and the firstborn receives two portions; and so on. A Bechor (firstborn) receives a double portion only from the property which was in the father’
Released:
Feb 22, 2023
Format:
Podcast episode

Titles in the series (100)

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