Torah tidbits

Try Not to Second-Guess G-d
One of the 6 mitzvot counted by the Rambam and the Sefer HaChinuch in Parshat Pinchas is THE LAWS OF INHERITANCE. This mitzva is set down in response to the challege brought before Moshe by the five daughters of Tzelafchad. It is important, however, to point out that the Laws of Inheritance are part of Torah from Sinai, and NOT an afterthought by G-d in reply to the request/demand of the daughters. We can rather see matters as G-d choosing to honor the daughters of Tzelafchad with the presentation of the Laws of Inheritance as a reward for the love of Eretz Yisrael that they displayed.

This mitzva includes the order of inheritance - sons, daughters, father, brothers, etc. as well as the mitzva to leave a double portion to one's B'CHOR (firstborn) and the prohibition against NOT leaving the double portion to him. Ramban (Nachmanides) counts the mitzvot relating to the B'CHOR separately from the Laws of Inheritance, as a positive mitzva and a prohibition.

Some of the details of the Laws of Inheritance are particularly interesting and carry special messages to us as well.

If a man leaves instructions (in writing or orally) that his son shall not inherit him, then:

[1] it is as if he said nothing, since his instructions are contrary to the Torah's command (that his son shall inherit);

[2] he is in violation of the mitzva not to disinherit his son (which is part of the Laws of Inheritance).

In other words, the prohibition is to ATTEMPT to disinherit ones heir, since actually disinheriting one's heir is impossible.

Furthermore, if a man give away his assets before he dies SO THAT HIS SON SHALL GET NOTHING FROM HIM, then "what is done is done" but the "spirit of the Sages do not derive pleasure from him". Giving gifts during one's lifetime is permitted. Even if the reason for the gift is so that there is nothing left in one's estate for his children, the gift is valid. But if the intention was to "freeze out" the children, then we say that the man behaved wrongly.
Ironically, success in disinheriting one's heirs is not a violation of Torah law (albeit frowned upon), whereas attempted disinheriting IS a Torah violation.

In Mishnayot Bava Batra 8:5 we find the opinion of Rabban Shimon ben Gamliel. If a person's sons are not "behaving in a straight way" (this can mean many things, including intermarriage, leaving Judaism, not being religious, being a dishonest person, etc. - this is open to a wide range of interpretation), and the father takes legal advantage of the technicalities of "gifts during lifetime" to take the inheritance away from the wayward children, then - says Rabban Shimon b. Gamliel - we say to the father - ZACHUR LATOV, you shall be remembered for the good. Kol HaKavod. 
This opinion is opposed by the majority of the Sages, who say that we must not second-guess G-d. He commanded that the sons inherit and we have no right to take their inheritance away from them. This opinion of the Sages is the accepted one; Rabban Shimon b. Gamliel's opinion is rejected! 
We can suggest that in addition to not "playing G-d', we also do not want the Jewish Law in this matter to "slam the door to T'SHUVA (repentance) in the face of the child". What possible hope might we have of the child's return to the proper path, if way praise his father for disinheriting him.

These and other unusual details of the Laws of Inheritance can be "explained" (not as far as our understanding them, but at least to attribute them) by a very significant phrase in the parsha of Inheritance in this week's sedra — CHUKAT MISHPAT. This is a rare combination of two descriptive terms for mitzvot with very different connotations. MISHPAT is the term for mitzvot that are logical, common sense commandments which society would probably come up with on their own, even without being commanded CHOK is the term for the enigmatic mitzvot that defy logic and reason.

Describing the Laws of Inheritance as a combination of the two, tells us that there are features of the mitzva that we can readily understand and there are other aspects that defy our limited logic. It is as if G-d is saying to us, these are the rules you shall follow. Try to understand them (as you should try to understand all of the Torah), but know that you are dealing with a body of mitzva that reaches beyond human understanding. This is what I want for you - says G-d, so to speak - and you should accept them as Divine Command. Work within the guidelines of the letter of the law AND the spirit of the law, and it will work out well. But do not be arrogant enough to assume for yourselves the claim that you can understand all.

This idea, of course, is not exclusively applicable to the Laws of Inheritance. It applies to most (if not all) of Torah and Mitzvot. The Laws of Inheritance provide colorful examples for the focusing on the idea, as well as providing much food for thought as we pursue better understanding and appreciation of our Torah way of Life.

Edited from an article in JCT's Dvar Torah U'Mada


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