Question:
In the previous Torah and Horaah publication (Rosh Hashana), the Choshen Mishpat question was about a father who left an equal inheritance to his two children whom one of which was a firstborn and the conclusion was that the son can keep the inheritance even though there was no Halachic will. I was wondering how that is consistent with the Mishna in Bava Batra (8:5) that a father can't divide his heritage in that way?
Answer:
Dear Yacov,
1.What you write is correct that if a person passes away and leaves an inheritance then the assets shld be split as you write
- If a person writes a halachically valid will 1 is circumvented since he gives away his assets prior to his death. He should leave an amount that is not included in his will that shld be divided up according to the Torah’s rules (Rav Moshe Feinstein writes in one responsum-that a thousand dollars for each heir suffices. Prob today that would be more like five thousand)
2 What we wrote about is someone who did neither of the above-he wrote a halachically invalid will-what this accomplished is to create a situation that he left instructions what his heirs should do with his money-thus the rules of the Torah that you cite apply but he told the heirs that they should split the assets as per his instructions-that is why if they do otherwise it is valid but they are supposed to follow his instructions and we were discussing a situation where they followed his instructions without knowing that they could in theory not have followed his instructions
All the best
Yosef Fleischman
