The Torah in Parashat Pinhas (Bamidbar 27:8-11) establishes the principles of Yerusha – inheritance, specifically, who inherits a deceased individual’s estate, and in what order of precedence.
The Sefer Ha’hinuch begins his discussion of this Misva by clarifying that the Torah does not require a person to hold onto all his property and not give any away so that his children will inherit all his wealth. While this is an ideal in other faiths, the Torah does not follow this approach. A person is entitled to use the money Hashem has given him as he pleases, and may allocate his wealth to whichever people or causes he chooses to, even though this will diminish from the inheritance he bequeaths to his children. A person does not have the right to circumvent the Torah’s laws of inheritance, such as by declaring after a fight with one of his sons that he should not receive a portion of the inheritance. However, during a person’s lifetime, he has every right to distribute his wealth as he wishes, as long as the gifts are given when he is still alive.
Explaining the rationale behind the Torah’s system of inheritance, the Sefer Ha’hinuch writes that Hashem wishes for the blessings He grants us to remain with us permanently. Indeed, if not for Adam and Hava’s sin in Gan Eden, which brought death into the world, we would enjoy G-d’s blessings forever. Human mortality makes G-d’s blessings temporary, but the Torah sought to extend them permanently through the institution of Yerusha, whereby a person’s wealth remains with his offspring and within his family, thus, in a sense, staying with him for all eternity.
Additionally, the Sefer Ha’hinuch writes, in the case of a person who has no children to inherit his estate, it goes to his siblings or other relatives, because, generally speaking, they had played a role in his becoming the person who he was. All people are influenced by those in their close inner circle, and therefore an individual can be said to be a product of his family’s influence. In recognition of this impact that one’s family had upon a person, they inherit his estate if he has no children to inherit his assets.
The basic law of Yerusha is that a person’s assets are given to his sons, or, if his son or sons had died, then to their offspring. If there are no sons or offspring of sons, then the estate goes to the deceased’s daughters, or, if the daughters had died, then to the daughters’ descendants. If there are no daughters or descendants of daughters, then the estate is given to the deceased’s paternal siblings, or to their offspring. If there are no paternal siblings or descendants of siblings, then the estate is given to the deceased’s father’s paternal siblings, or to their offspring. If there are no such relatives, then the estate goes to the closest relative.
The only scenario in which a deceased has no relatives is the case of a convert who died without children. Everyone born a Jew has some relative who can inherit his estate. It is only a convert, whom Halacha considers no longer related to his family members after he converts, who can die without any inheritors.
According to Torah law, a mother does not inherit her son’s estate if, Heaven forbid, he dies during her lifetime.
A son inherits his father even if he is a Mamzer (the product of an incestuous or adulterous relationship), and even if he became an apostate, as inheritance rights do not depend on one’s level of religious observance.
The Sages enacted a provision granting a husband rights to his wife’s estate if she passes away during his lifetime.
A firstborn son receives a double portion. If the deceased left only two sons, then the estate is divided into three equal portions, and the firstborn receives two of the three portions. If the deceased left three sons, then the estate is divided into four equal portions, and the firstborn receives two portions; and so on.
A Bechor (firstborn) receives a double portion only from the property which was in the father’s possession at the time of his passing. If the father was owed money at the time he died, the money paid to his estate after his passing is divided equally among the sons; the Bechor does not receive a double portion of this money.
A father is trusted to identify one of his sons as his Bechor. He is also trusted to say that somebody is not his son, even if that person had been presumed to be his son.
This Misva applies in all times and places, and to both men and women. If somebody instructed before his death that somebody due to receive a portion of inheritance should not receive his portion, then he has transgressed this command. Although his words have no effect, and the estate is divided according to Torah law, nevertheless, he is in violation of this command for attempting to distribute his assets in a manner that runs in opposition to the Torah’s laws of inheritance.
As mentioned earlier, a person has the right to distribute his assets before his death, and he may even distribute all of his property, such that none of his possessions would be subject to the Torah’s laws of Yerusha. Nevertheless, stories are told of certain Sadikim who made a point of leaving some of their assets for themselves so that they could fulfill the Torah’s command of Yerusha with those leftover assets. Moreover, the Sages enacted certain provisions for the benefit of daughters, in order to ensure that they would be cared for, such as requiring the sons to allocate a portion of the inheritance for their sisters.
In general, a person should ensure to plan wisely, so that his property will be distributed fairly after his passing. Unfortunately, there have been situations where a wealthy person who was not strictly Torah observant during his lifetime suddenly chose to be especially vigilant about fulfilling the Torah’s prescription for inheritance. This resulted in his sons enjoying his wealth, while his daughters were left struggling. Quite obviously, this caused an irreparable rupture in the family. A person should use common sense and ensure to assign assets to his daughters before his death, for their wellbeing and in the interest in keeping the family together.