13) If the deceased left only daughters

The Tzemach Tzedek[83] writes that if a man wrote a Shtar Chatzi Zochor to his daughter assuming that he would have male inheritors, but died leaving only daughters, then all the daughters divide up the estate equally. We do not award one daughter a double portion on the basis of her Shtar Chatzi Zochor, because it is absolutely certain that her father only intended her to claim with this Shtar Chatzi Zochor if he had left sons who would otherwise have taken the entire estate. (Although we have mentioned earlier that we cannot use the concept of Umdenoh – assumptions – to annul an admission, the Tzemach Tzedek adds that in this case the assumption is inescapable – Umdenoh De’muchach.

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