The Rambam published a list of the 613 mitzvos at the beginning of the Mishneh Torah and in a longer form in his Sefer HaMitzvos, divided into 248 positive and 365 negative mitzvos. The very first positive mitzvah is to believe in the existence of G-d. The final positive mitzvah? To render judgment in matters of inheritance. We don’t know the precise reason for the order the Rambam used, but I believe that we can infer from these two that a life animated by a belief in G-d’s existence and service of G-d through the Torah reaches its fulfillment in providing for an orderly transfer of one’s wealth at the end of one’s life in accordance with that Torah.
I am in the process of updating my estate plan. I’m writing a new will and updating my advanced medical directive and durable power of attorney. I’ve already reviewed and updated the beneficiary designations on my retirement plan assets. As part of this process, I knew I needed to have a halachic will, so I met with a dayan, a rabbi who is part of a beis din. He went out of his way to put me at ease, even offering a soda. He is now drafting the shtar, the document, for my particular situation – and he said I did the right thing by reaching out.
The commandment to render judgment in matters of inheritance comes from this week’s parashah, Pinchas. Tzelofchad died, leaving no sons, and his daughters came to Moshe Rabbeinu to seek justice. Thanks to their courageous questioning, G-d told Moshe to command the people that in absence of sons, property will pass to daughters. Following this, rabbis have continued to find ways to help people leave property to their heirs in the best possible way, through documents such as the chatzi shtar zachar, also known as a halachic will. This document enables a person to leave their assets to sons and daughters equally. A number of rabbinic authorities have also encouraged including tzedakah in your estate plan.
How can we go about fulfilling this important mitzvah? First, make sure you have an updated legal will. The OU, in partnership with GivingDocs, offers a free tool to create a simple legal will – more complex wills require the services of an estate attorney. Some assets, such as retirement plans and life insurance policies, are passed on outside of the will and require a beneficiary designation form provided by the company holding the plan or policy. Next, make sure your will is in accordance with halacha – it is likely necessary to draft a chatzi shtar zachar/halachic will. The OU offers a number of resources including sample halachic wills on our website in partnership with the Beth Din of America. There are other documents you will need to complete as well, such as a durable power of attorney and advanced medical directives. We offer a free Personal Estate Planning Kit that walks you through everything you need to do and includes a record book to keep all the needed information in one location.
This may seem overwhelming, but the OU’s Planned Giving team is here to help. As I’m going through the process myself, I’m learning that by taking action, it becomes much less overwhelming. Our website has many helpful resources. And we can help you find a way to leave a meaningful gift to the OU or one of our programs that is meaningful to you. Questions? Please contact me, Tim Cravens, at the Orthodox Union at (212) 613-0737 or timothy.cravens@ou.org.