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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 (824)
Various Rabbis
341 - A Guarantor on a Loan/Investment
342 - Putting Pressure on Male Inheritors
343 - Rabbi Akiva Eiger (Introduction)
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P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
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Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
Shavuot "Love of Torah = Love of Israel"- for Shavuot
People often identify Judaism as just a religion, but upon examination, we see, even halachically and explicitly in the siddur, that the Torah is dependent upon Am Yisrael, Jewish nationalism.
Ein Aya The Middle-Child & Anti-Tzni'ut Syndrome- Negative Attention
Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
