YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
- Family and Society
- Financial Laws and Tzedaka
- Inheritance
Case: A man died, leaving behind two sons (including a firstborn) and three daughters. According to the laws of the government, the sons and daughters all inherit their father in equal parts unless the daughters sign a chesia (some sort of waiver of rights or acknowledgement). This is as opposed to the Torah law that the sons inherit, with the firstborn receiving a double portion. The daughters are willing to sign the chesia only if they get a full share of the inheritance. One of the daughters also claims that the firstborn told her husband that he does not want to receive one bit more than his sister, [but has since changed his mind, while not denying that statement].
Ruling: We will start by analyzing the firstborn’s mechila (relinquishing of rights). Regarding the firstborn’s regular portion, mechila does not work. This is because inheritance is an automatic right that comes to the inheritor based on Torah law. This right, which can take effect at any moment upon the "bequeathing party’s" death, is not subject to mechila (see Mishneh Lamelech, Ishut, ch. 23). [One would have to void his ownership or give it away to another after receiving the inheritance.]
The firstborn’s extra portion may be different in regard to mechila. Since the Torah views it as a "present" to the firstborn, he is able to remove himself from receiving it (Hagahot Oshri to Bava Batra 8:15). Although the Hagahot Oshri cites a Yerushalmi as saying that the firstborn’s mechila is ineffective, the K’tzot Hachoshen (278:13) neither could identify such a Yerushalmi nor did he understand what its reasoning would be. My father [Rav Aryeh Lebush Nathanson] claims that there is a misprint in the Hagahot Oshri and that he just said that yerusha (inheritance), i.e., a regular portion, is not subject to mechila. The conclusion is that mechila is effective for the firstborn’s extra portion, although in any specific case, it will depend on the language that the person uses.
Regarding the need to sign a chesia, it does not appear that the daughters are required to do that, even in regard to money that they do not deserve based on Torah law. This is what follows from the Pnei Moshe, and I have written on the matter at length in several responsa. I demonstrated that this approach is supported by Tosafot (Bava Kama 40b), who says that one who should pay for his ox’s damages from the ox itself can force the damaged party to relinquish some of his rights through a compromise based on the threat that he will hide his ox and thereby prevent payment. It is true that the Terumat Hadeshen (306) rejects this approach as the Shulchan Aruch (Choshen Mishpat 12:6) apparently does. However, it seems that in this case, the Shulchan Aruch could agree because the daughters are not taking steps to force the brothers to make a settlement, just that they are refusing to take positive action on their brothers’ behalf.
P'ninat Mishpat (829)
Various Rabbis
341 - A Guarantor on a Loan/Investment
342 - Putting Pressure on Male Inheritors
343 - Rabbi Akiva Eiger (Introduction)
Load More
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
