Q. The Gemoro says in Shabbos one should not treat one son different among his sons. Is it proper or not proper to leave in a will a double portion to a Bechor, (first born). On one hand we see that when there is no will the bechor gets a double portion of the inheritance.
On the other hand, perhaps that doesn't create jealousy because that is what the Torah commanded for inheritance. Whereas when it comes from the father’s will to give the Bechor a double portion, perhaps this does create jealousy and is not what Chazal intended. Similarly, what would be the proper outlook as far as the sons inheriting and not the daughters?
A. See question above. If one was to write a correct will that follows both Halacha and the law of the land, one can distribute his assets in proper different ways as is needed and following the opinion of the competent Bis Din, Rabbi and legal authority, he may also follow therein some of the ways that the Torah sponsors.
Rabbi A. Bartfeld as revised by Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit'a.
I think the question was misunderstood. It is clear from question #3796 that one could and should write a will that is both halachik and legal, but the question is, when writing a will, is it proper to divide one's assets according to the way it would be divided according to the Torah if a will had not been written, or is this not suggestable because of the issue expressed in the Gemoro Shabbos 10b, that one should not favour one child in front of the other children. Similarly, the same question would be in regards to leaving an inheritance to the sons and not the daughters, is this something that chazal would advise or not.
Posted: 7/24/2022 11:45:07 PM by:
Yehoshua
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