Q. On question 3796 you wrote regarding: “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?”
To what you answered: “See question above. If one was to write a correct will that follows both Halachah 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.”
My question is: I think the question was misunderstood. It is clear from question 3796 that one could and should write a will that is both Halachah 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 suggestible 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?
A. Horav Dovid Pam Shlit’a explained that it is common and expected that each particular family situation and condition, should be usually unique and different from others and therefore their needs are specific and require special solutions. Hence, it is not unusual that changes to the basic principles of inheritance our Torah thought us, will have to be implemented in order to obtain a just and proper Yerusha for all receivers.
Horav Kalman Ochs Shlit’a maintains that since all are in agreement and there is no machlokes they should follow the yerushas HaTorah as the Torah commands. At the same time the father should write a very private letter to the son who is a bechor that he is מצוה him מחמת מיתה that if there’s any machlokkes or I’ll will he should agree to divide everything equally with his brothers.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
Important Numbers
