Rabbi Meir Orlian | ||
#286 |
Vayeishev |
1.12.2015 |
Mr. Pierce belonged to a group of Noachides who committed to uphold the seven Noachide laws. Once a month they would meet with Rabbi Avraham to learn the laws pertaining to Noachides.
“I invited a special guest to lead today’s meeting,” announced Rabbi Avraham one month. “His name is Rabbi Dayan and he has much experience in Jewish monetary law. I asked him to discuss some of the similarities of, and differences between, Jewish and gentile monetary law.”
Mr. Pierce spoke up. “I’d like to raise a question that I encountered recently, if it’s OK to digress a little from today’s topic,” he said. “Or, maybe it is very much the topic!”
“Go ahead,” replied Rabbi Dayan. “Questions that arise are sometimes the most interesting topics.”
“Someone in our community passed away a short time ago,” Mr. Pierce said.
“I’m sorry to hear that,” said Rabbi Dayan. “Did he have family?”
“His wife had already passed away and it wasn’t clear if he had any surviving children,” said Mr. Pierce. “There was a sister and some nephews from a brother.”
“So what happened?” asked Rabbi Dayan.
“There was a dispute between his relatives over the inheritance; it turned into an ugly lawsuit,” answered Mr. Pierce. “He also had some valuable items that he had entrusted to a Jew. His sister asked for the items, but the Jew initially declined to give them and claimed that he is entitled to keep them.”
“On what basis?” asked Rabi Dayan.
“I’m not sure,” replied Mr. Piece. “I’d like to know the laws of inheritance of gentiles according to the Torah. Is there such a thing? Do they parallel the Jewish laws of inheritance? Do we just follow the local law?”
“The Torah certainly has rules of inheritance also for gentiles,” said Rabbi Dayan. “The Gemara (Kiddushin 17b) teaches that a gentile inherits from his father. This is derived from the inheritance of Lot’s children (Ammon and Moav) or inferred from the fact that a Jewish slave owned by a gentile does not continue to serve his inheritors, implying that there are inheritors. Therefore, if someone is known to be holding property of a gentile and doesn’t return it to the gentile’s son he is considered to be stealing” (C.M. 283:1; Sma 283:6).
“What about daughters?” asked Mr. Pierce.
“The Minchas Chinuch (400:2) writes that regarding gentiles there is no difference between sons and daughters; the Torah’s distinction between them is part of the order of inheritance, which does not apply to gentiles,” continued Rabbi Dayan. “Rashi (Yevamos 62a) similarly writes that a daughter is like a son, and a firstborn is like other children. However, elsewhere (Bereishis 31:14) he indicates that a daughter does not inherit when there are sons (see also Kovetz Shiurim, B.B. 357-358).”
“And what about other relatives?” asked Mr. Pierce.
“Rambam (Hil. Nachalos 6:9) writes that ‘other inheritors are bequeathed according to the practice,’” replied Rabbi Dayan. “Maggid Mishneh explains that we do not find a defined order of inheritors other than for Jews. The Minchas Chinuch (400:2) understands from this that since other relatives are not ordained as inheritors, if the gentile has no children his property is hefker (ownerless).”
“However, the Meiri (Kiddushin 17b) writes that a gentile inherits from his father and other relatives,” continued Rabbi Dayan. “The Chasam Sofer (Y.D. 127) also writes that not only children inherit, but all relatives. Others explain that, even according to the Rambam, whatever inheritance rules the gentiles establish are valid, just as they establish law codes in other monetary areas” (see Minchas Shlomo 1:86; Encyclopedia Talmudit, “yerushah,” vol. 25, pp. 295-301; Divrei Chen, Nachalos 6:9).