Lesson # 242 • Declaring Who are the Heirs In prior lessons we discussed the position of the firstborn male in inheriting the father. Regarding the firstborn there are times when the doctor (or midwife), the mother, or the father are believed to state who is the firstborn. This lesson discusses the general rule that one is believed when he makes a declaration as to who are his heirs or who are not his heirs. Thus if the decedent dies intestate (without a will), the person he names will or will not share in the estate of the declarant (the person making the declaration) depending upon the law as stated below. This lesson also discusses the topic whether a person who declared who or who are not his heirs may now recant the former declaration. The laws as stated in the Talmud incorporate over 2000 years of precedent and sometimes speak of slaves owned by the declarant. I have omitted these references to slaves and handmaidens stated in Shulhan Aruch. I have changed the references dealing with slaves to that of servant. These declarations are made by a person who eventually dies intestate so that the person or persons named may be the sole heir or be included in the class of inheriting heirs of the declarant. This may be true even though when the declaration is made the person named was not a person who would otherwise inherit. Yaakov has two sons, Reuven and Shimon. Yaakov declares that Levi is also his son. When Yaakov dies, Reuven, Shimon, and Levi inherit from him. Or Yaakov, who has a son, Reuven, makes a declaration naming Aharon as his brother from his father Isaac. Reuven predeceases Yaakov, leaving no offspring. Yaakov's father Isaac, predeceased Yaakov leaving a known son, Pinchas. Pinchas and Aharon share Yaakov's estate. A person is believed when he states who his heirs are Yaakov declares that Reuven is his son, or that Aharon is his brother, or that Moshe and Yehoshua are his cousins or have some other relationship. The person whom he names is a person who will inherit if Yaakov dies intestate according to the laws stated in prior lessons. The declaration of Yaakov is given full credence by Beth Din and such person will be an heir of Yaakov. This holds true even if it is not generally known that such person is so related to Yaakov; it holds true whether Yaakov so states when he is on his death bed or halachically healthy. The declaration may be in writing or he may make his intent known by nodding in response to a question put to him whether a certain person is his son or other relative. His declaration applies to all his assets when he made the declaration and to assets that he later will acquire. It even applies to assets that he thereafter acquires while he is in a coma before he dies. There is a strong line of authorities that this last sentence holds true only if the declared person as an heir is a son of Yaakov. However, if the declared person is a relative other than the son of the declarant, then he shares only those assets that were owned by Yaakov when he made the declaration. To illustrate the last holding: Assume that all of the facts stated herein can be proved in Beth Din. Yaakov, on January 1, declares that Reuven is his brother from his father, Isaac. Isaac has two other known sons, Shimon and Levi, and if not for Yaakov's declaration, it was not known that Reuven is Isaac's son. On January 1, Yaakov had assets worth $1,000. He thereafter on March 1 acquired assets of $500, making a total of $1,500 in assets that he possessed on April 1, the day of his death. Yaakov has no children or other descendants surviving him, and Isaac also predeceased him. Yaakov's estate is inherited by Isaac's sons. According to this view, Reuven would receive $333.33 or one-third of the assets owned by Yaakov on January 1, the date of the declaration; the other $666.67 is divided between Shimon and Levi. Reuven does not share in the other $500 since it was not owned by Yaakov on January 1. The $500 will be divided between Shimon and Levi. A person is believed when he states that a person is not his son. Yaakov is believed when he declares that Reuven, a person assumed by the community to be his son, is not his son; neither Reuven nor Reuven's son will share in the inheritance of Yaakov's estate. Yaakov's statement that Reuven is not his son can be used only to defeat Reuven's right to inherit from Yaakov. It has no bearing upon the legitimacy of Reuven as a son of Yaakov for other purposes. Such a declaration by Yaakov cannot establish Reuven as an illegitimate son. However, if Reuven predeceases Yaakov; then Reuven's son will be an heir of Yaakov; since Yaakov's declaration is not given credence when it applies to anyone other than his assumed son. If Yaakov states that a person is not his brother or cousin, or other relative, his statement is not given credence, if it was assumed by all that such person was his brother or his cousin or other relative. Recanting of a declaration regarding heirs Yaakov is not believed even if he gives a reason such as that he loves his servant so much that he refers to him as his son. Reuven's declaration of January 15 is not given any credence and Reuven is deemed to be his son for the purposes of inheriting from Yaakov; This in spite of the fact that Reuven performs those services usually performed by a servant. However, if on January 1, Yaakov declares that Reuven is his servant and on January 15, he declares that Reuven is his son, his January 15 declaration is given credence by Beth Din, This in spite of the fact that Reuven performs those services usually performed by a servant. Beth Din must weigh all of the factors, for example, Reuven was always called the servant, the son of a handmaid. Yaakov, while passing through customs or immigration authorities, declares that Reuven is his son. Sometime later he declares that Reuven is his servant. His later declaration is believed since he obviously made the prior declaration to get Reuven through customs or immigration authorities, who permitted sons but not servants to accompany their fathers. The converse does not hold true. If Yaakov at the customs or immigration authorities declared that Reuven was his servant, and sometime thereafter declared that Reuven was his son, his second declaration is not given credence. In this case, the earlier declaration made in the presence of the customs authorities was a declaration made against his interest and would not have been made if not true. The subject matter of this lesson is more fully discussed in volume VIII chapters 273 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il [The Parshat
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