A woman was married to a man with which she had children with. He was nifter and she got re-married to someone else with which she had no children with. This next person was a Rebbe of a Chassidus. They lived in an apartment together that was next to a Yeshiva of the Mosdos. After the Rebbe was nifter (without any children) a nephew (son of the brother of the Rebbe) took over the Chassidus. The woman continued living in the house for a number of years. She then moved to a different city and bought a house there. She then moved from that house into an Old Age Home where she resides today, however unfortunately she is not well. The Mosdos now wants to use the apartment to expand the Yeshiva. Do they have a right to this? Based on what it says in Shulchan Aruch EE SIman 94 Sif 1 that the almana must be provided with a home, which could be of that where she lived in her husbands life. So really the house would be hers. In this case though she already left the home and ad c’dei cach purchased a house somewhere else, however then moved to an old age home. Who does the house belong to now? It seems the nephew (son of the brother) of the first Rebbe would be the yoresh in this case, does it go to him? The grandchildren of this woman are of course upset that she might loose her home (even though she hasn’t lived there for over 10 years and already “moved on.”) In general what would be the halacha in this case.
Answer:
It appears that the inheritors of the house can use it as they wish. The obligation to ensure the widow has where to live means ensuring she has where to live — and no more than that. In this case, the widow has where to live, including a house of her own, and there is apparently no reason to restrict the inheritors from using the property as they please.
This is fairly clear even from the siman mentioned in the question, which notes that the inheritors can find the widow alternative accomodation, and use the property as they wish. In this case, the widow has found appropriate accomodation, and there is no further obligation.
