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

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.” ***

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