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Home -- Content: Series 7 (Laws) -- Translation: English -- Book: 1 (Tora) -- Part: 1 (Positive) -- Command: 248 -- Text
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The Sharia of Moses in the TORA
Part 1 - The 248 Positive Commandments of the Tora

248 - THE LAW OF INHERITANCE


Numbers 27:8-11 -- 8 “And you shall speak to the children of Israel, saying: 'If a man dies and has no son, then you shall cause his inheritance to pass to his daughter. 9 If he has no daughter, then you shall give his inheritance to his brothers. 10 If he has no brothers, then you shall give his inheritance to his father's brothers. 11 And if his father has no brothers, then you shall give his inheritance to the kinsman closest him in his family, and he shall possess it.' " And it shall be to the children of Israel a statute of judgment, just as the LORD commanded Moses.”

The order of inheritance by succession in cases of intestacy is as follows: sons and their descendants precede daughters and their descendants; where no children have been left the father becomes heir; brothers and their descendants come next; sisters and their descendants follow; the father’s father and father’s brother and their descendants, the father’s sisters and their descendants, and the great-grandfather and his descendants follow in that order.* A husband is his wife’s heir. A wife, however, does not inherit her husband’s estate, although she receives her dower. A bequest made by way of assigning inheritance to persons other than the proper heirs is null and void, but a bequest made by way of a gift is valid.** That provision is to be made for the daughters of the deceased, in spite of the priority claimed by sons, is indicated in the Mishnah thus: “If a man dies and leaves sons and daughters, and the estate is large, the sons inherit and the daughters receive maintenance; but if the property is small the daughters receive maintenance and the sons go begging.” ***

* Shulchan Aruch, Choshen Mishpat 276
** B.B. 126b
*** ibid., 139b; Shulchan Aruch, Even Ha-Ezer 112: 11

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