Question:
Thank you very much for the response (The question and answer are copied below). However, I am wondering whether דבר שלא בא לעולם and intangible are the same. A דבר שלא בא לעולם is a tangible item that does not yet exist. I am asking about something that will never be tangible. For example, do children inherit טובת הנאה of their father? Getting back to my example, the strong reputation of a business increases its market value and there will be people who will pay significant sums to purchase that but is that something that could be inherited being that it is not and will never be tangible?
Yerusha of intagibles (דבר שאין בו ממש)
June 23rd, 2016
Question:
We were dicussing an aspect of yerusha today that I hope you will be able to provide some guidance. The essential question is whether a father is מוריש intagibles to his sons? For example, let’s say the father has a business that does not require an inventory. He makes service calls and he purchases supplies on a per customer basis when the need arises. However, the father has an impeccable reputation and people know him to be reliable and honest. As such, if he were alive he could sell his business for $250,000. He suddenly dies. Do the son’s inherit the business? Does the bechor receive פי שנים if they sell the business? Are there any other questions that we should be considering that I did not mention?
Any and all assistance would be greatly appreciated.
Answer:
Children can inherit things which are not yet in the world. Regarding a first born who gets double of an inheritance that improved after demise, depends: if there was a big change (i.e fruit grew on trees) he doesn’t get double from the fruit, but if it stayed the same (i.e he inherited trees that became thicker) does get double from the trees.
Sources:
Gemorah Bovo Basrah 124a, Rambam Nachlas 3:4, CH:M 278:6
Answer:
A person can’t inherit something which is intangible (אין בו ממש).
Sources:
Ramoh E:H 270:2 & 276:6
