Kenneth Cohen

Laws of Inheritance

The 400th Mitzva in the Torah according to Sefer Hachinuch, is the positive commandment related to inheritance. There are specific laws that must be observed as to how one must leave his estate to his family.

The Torah discussed the division of the Land of Israel to the various tribes according to their population. A lottery was made designating where each tribe would receive their designated portion.

The daughters of Tzlofchad presented Moshe Rabbeinu the problem that existed if one only had daughters and no sons. It would not be fair that there would be prejudice against them.

As a result, Hashem was consulted, and He clarified the rules of inheritance. The son and his descendants would be the primary heirs, with the first born son getting a double portion. If there were no sons, the daughters would be next in line. This was followed by paternal brothers.

The details of these laws applied after death, when the deceased was left with assets. The accepted practice today is that a separate agreement is drawn up where all of the assets are given as a gift that takes place before death. This would bypass the Torah obligations that might otherwise create internal strife within a family.
It is important to be aware that this Torah law exists and needs to be followed. This is especially true for one who is leaving this world. We want our loved ones to depart with a clean slate of meticulous observance of the Torah.

About the Author
Rabbi Cohen has been a Torah instructor at Machon Meir, Jerusalem, for over twenty years while also teaching a Talmud class in the Shtieblach of Old Katamon. Before coming to Israel, he was the founding rabbi of Young Israel of Century City, Los Angeles. He recently published a series of Hebrew language-learning apps, which are available at www.cafehebrew.com
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