YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
[The following p’sak does not represent the mainstream halachic approach to wills, but it is worthwhile for our readership to know that such p’sakim do exist.]
Case:
A man wrote a will leaving some money to his daughters and granddaughters and the rest to tzedakah (but none to his sons). The will was left by his lawyer, who was the only person who knew it existed. The halachic inheritors questioned its validity.
Ruling: A person’s signature on a document usually works as situmta (a kinyan based on accepted practice). However, there are a few possible limitations to consider. Although the Maharshal and Divrei Chayim say that situmta works even for davar shelo ba la’olam (future interests) when that is the minhag, the Mordechai, Radvaz, and K’tzot say that it does not, just as other kinyanim do not. Beit din decided that the matter remains an unsolved doubt. The Netivot Hamishpat, argueing on the Maharshdam, says that situmta does not work in regard to money owed to the person who is giving over its rights. The Shulchan Aruch and Rama seem to argue whether situmta works for land. Therefore, in regard to all of these types of property we will not be able to extract the property from the possession of the inheritors.
The Rama (CM 203:10) brings three opinions regarding a single document that includes elements for which the kinyan should work and others for which it should not, whether we say that it works for all, works for none or works only for that for which it naturally should. Therefore, we again do not escape a case of doubt whether the will would work for anything.
Another issue is that the will was done secretly. The Shulchan Aruch (CM 242:3) says that if witnesses are not told to make a present public, it is not valid. Although later (ibid.:5) he says that in the standard case it is considered like public, in our case it was done specifically privately. According to the Pitchei Teshuva (ad loc.:1) it is again a doubt, for which we could not extract payment. Since the lawyer represented the legal interests of the deceased, he is considered like an extension of him and we have to consider the possibility that the giver backed out of his obligation.
The Shulchan Aruch (CM 282:1) says that whoever gave his property to people other than his inheritors is not doing the right thing. The Rosh says that this includes leaving inheritance to daughters rather than to sons. In this case, the deceased did not leave anything for his sons. Therefore, if we can interpret the will in such a way that it does not effectively exclude them, we should do exclude them, so as not to make him into one who did the wrong thing.
P'ninat Mishpat (829)
Rabbi Yosef Goldberg
2 - A Will To Bequeath Bank Accounts
3 - A Will That Was Not Publicized
4 - Canceling a Band’s Performance
Load More
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
