Lesson # 213 (Gifts - part XV) • Ascertaining the Donee

There are times when the gift causa mortis is specific but the donee (recipient of a gift) is not. Beth Din has the task of trying to ascertain the intent of the donor.

Reuven, who is critically ill, declares that $100 should be given to poor people as a gift causa mortis, without specifying to which poor people. Beth Din should order that the $100 be used for the poor people of the local community of the donor. This is irrespective of where the donor happened to die. If the gift is large, so that Beth Din understands that he did not intend the gift to be given just to the poor of the local community; Beth Din should make a determination that it feels is in keeping with the spirit of the gift.
Reuven's gift causa mortis to a synagogue is of a Torah scroll or books. The Torah scroll or books should be given to the synagogue frequented by the donor during his lifetime. If the donor had frequented two synagogues; the gift should, whenever possible, be divided between them, and if not possible, it should be given to the synagogue more frequently used by the donor.

There are terms used that are employed in gifts causa mortis, which may be ambiguous, yet from the time of the Talmud until the present, these terms have been given precise meanings. The Talmudic passage (Baba Batra 63a) says: It is obvious that if a person says, "Reuven shall share my assets," he is to receive one-half. If he says, "Reuven shall receive a share in my assets" what should be done? Rabina b. Kisi says, "Come and hear, 'It has been taught "If a person says give Reuven a share in a cistern, Simachus says that he is to receive not less than a quarter." If a person says, "Give him a share in the cistern for his pail," he is to receive not less than one-eighth. If he says, "Give him a share for his pot," he is to receive not less than one-twelfth. If he says, "Give him a share for his drinking cup," he is to receive not less than one-sixteenth.'

Based on the Talmudic passage, the codes set forth the following rules, all of which are declarations made by Reuven, the critically ill person, regarding gifts causa mortis:

"My assets (or $300) shall be given to Shimon, Levi, and Yehuda." The recipients divide the assets [or the $300) equally, even if one hundred persons are named in the declaration.

A gift "to Shimon and my sons" is to be divided into two equal parts, one part going to Shimon and the second part to be divided among the donor's sons.

"To Shimon, to Levi and to the sons of Dan" means the gift is to be divided into two equal parts, one part to be divided between Shimon and Levi, and the second half to be given to the sons of Dan. The result will be the same if the sons that are mentioned are the sons of Shimon or Levi.

"To my wife Sarah and to my sons" means the gift is to be divided into two equal parts, one part to be given to Sarah and the second part to be divided among the sons.
"Shimon shall share my assets": the assets are divided into two equal parts; Shimon receives one part, and the heirs of the donor, the other half.
"Shimon shall receive a share in my assets": Shimon receives one-sixteenth of the assets. The smallest share according to the standards set down in the Talmud is one- sixteenth. There is a view that holds that Shimon receives one-quarter of the assets.
"Shimon shall receive a share in the vat of wine that I own": Shimon receives a quarter of the vat.
"Shimon shall receive a share to pour into a barrel": Shimon receives one-eighth of the barrel.
"Shimon shall receive a share of the wine for a pot": Shimon receives one-twelfth of the wine.
"Shimon shall receive a share for a pitcher": Shimon receives one-sixteenth of the wine.
"My assets to my sons and Shimon [not a son], who shall share therein": Shimon receives a share equal to that received by any son (except for the firstborn son, if any).
"My assets to my sons and my daughter Rivka": Rivka receives a share equal to the share received by every son (except for the firstborn son, if any).

"My assets to my sons and my daughter Rivka, and if they marry her off, or if she marries herself off, she shall take her dowry and have no more claim"; even if her dowry is less than her share, if she marries, that is all that she will receive. This limitation applies only if all of the brothers share in marrying her off, or if she marries herself off. But if only one brother marries her off, she receives a share the same as any other brother.

"If my wife bears a son, the son shall receive $200, and if a daughter, the daughter shall receive $100." If the wife bears a son, he receives $200; if she bears a daughter, she receives $100. If she bears a son and a daughter, the son receives $200 and the daughter receives $100; if two sons, each receives $200; and if two daughters, each receives $100. If of doubtful sex or a hermaphrodite, the child receives $100.

The subject matter of this lesson is more fully presented in Volume VII Chapters 253 of "A Restatement of Rabbinic Civil Law" by E. Quint, published by Jason Aronson, Inc. and on sale at local Judaica bookstores.
Questions to quint@inter.net.il

[The Parshat Vayishlach Homepage]
[The TORAH tidbits Homepage] [How to use TORAH tidbits]
[About The OU/NCSY Israel Center] [About TORAH tidbits]
[www.ou.org]