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Ruling: If Reuven orally bequeathed parts to pl in the midst of his final illness, it is considered a matnat schiv meirah (=mscm), which is binding in certain cases in which such a gift during a time of health would not be valid (see Shulchan Aruch, Choshen Mishpat 250). The Rosh (Shut 83:4) says that the recipient needs witnesses for the mscm unless the gift is in his possession (in which case migo increases his credibility).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
757 - Problems Arising from the Sale of Stores in New Project – part I
758 - Should the Will be Updated? – part I
759 - Should the Will be Updated? – part II
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In our case, we cannot know now the level of intent in Reuven’s statements or whether he spoke that way to appease his disappointed children. In any case, def denies that there were any specific, definitive declarations. Although there was a claim of a hand-written "document," pl did not produce it. Additionally, def claimed that Reuven was then incapable of writing such a document. Furthermore, pl admit that during that period of time, Reuven’s level of cognizance was not strong.
Therefore, clarifications of Reuven that contradict his will, which was certified as binding, lack legal standing.
We continue next time with analysis of def’s agreement to share the inheritance with pl.
Beit Din Eretz Hemda - Gazit
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based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
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based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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