Jewish Law

Lesson # 507 - Some Laws of Inheritance (part 1)

A question came up in our kollel the other day. One of the students told us an incident that happened in his family. His brother-in-law died and the sons of his first marriage, who recently became observant told the decedent’s second wife that she could not inherit anything from the husband since this was Jewish law. Since she had recently become observant, this is what she had to accept. When the student asked me if this was correct, I told him that the widow needed a lawyer who was familiar with the Jewish Civil Laws so that he could counsel her as to what rights she had. I told him that there were different approaches in halacha if the decedent died with a will or without a will. He told me that he died leaving a will dividing up his estate between his children, sons and daughters of his first marriage and his second wife with whom he had no children.

The laws of distribution of assets of the decedent upon his death are based on the Torah commands found in Bamidbar 27:6-11 dealing with the laws of intestate succession and in D’varim 21:15-17 dealing with the laws of primogeniture. That is, the laws dealing with the portion given to the firstborn son.
As can be seen from the Torah text, if there are male and female heirs on the same level of kinship, the males inherit and the females are not included in inheriting the estate. Lacking males or their descendants to the end of the line, the distribution is made to females on the same level of kinship. The effects of this principle are certainly ameliorated by the decrees of the Rabbis of the Talmud regarding the obligations of the estate and the male heirs toward the widow and the daughters of the decedent.

We shall begin with the obligations of the heirs to the widow and the daughters of the decedent. The widow is entitled to be maintained by the heirs of her deceased husband out of the property they inherited from her husband. She is entitled to food, clothing and shelter. She may continue to reside in the family residence occupied by her late husband and has the services of all household employees such as maids and chauffeurs that she had before he died. All these things are to be provided in keeping with her station or her husband’s station - whichever is higher. If the widow becomes ill, she can obtain unlimited medical services from the estate; if she requires limited medical treatment she must pay for it herself from her ketuba. If she dies, the husband’s heirs must provide for her burial. All income from the property that she brought into the marriage belongs to her.

All these things are provided to her until the earliest of three happenings: (1) her death; (2) her remarriage; (3) her claim to her ketuba.

Upon the death of a father, a fund is taken from his estate to provide his daughters with a livelihood according to his station in the community. Beit Din has the right to see that the widow and daughters are adequately provided for out of the estate. If there are not sufficient assets in the estate to provide for both widow and the daughters, the rights of the widow have priority. to be continued IYH

• Other Jewish Law
• Lesson # 514 - GUARDIANS , Part 2
• Lesson # 513 - Guardianships, part 1
• Lesson # 512 - DOUBTFUL HEIRS