Translation:Shulchan Aruch/Choshen Mishpat/280

Paragraph 1- All inheritors inherit based on their presumption. How so? If witnesses testified that this person was presumed to be the son of so and so, or his brother, even though they are not lineage witnesses and do not know the truth of his lineage, he would inherit on the basis of such testimony.

Paragraph 2- If Yaakov died, and was survived by Reuven and Shimon, and Yaakov was not presumed to have any children other than those two, and Reuven went and grabbed Levi from the market and said he too is our brother and Shimon says he is not sure, Shimon would take ½ the money, Reuven would take 1/3 because he has confessed that there are three brothers and Levi would take 1/6. If Levi died, the 1/6 would revert to Reuven. If other properties fell to Levi, Reuven and Shimon would divide them because Reuven admits to Shimon that Levi is their brother. So long as the properties that Levi took from Reuven are in existence or there are other properties that came because of those properties, Reuven would take that first. If those properties are not in existence and there are no properties that came from those properties, Reuven would not take anything first. Rather, he would divide with Shimon equally.

Paragraph 3- If the 1/6 appreciated on its own, and Levi then died, and the appreciation was one that reached shoulders, such as grapes that are ready to be harvested, the appreciation has the status of properties that fell from elsewhere and the brothers would split. If they had not yet reached the shoulders, they would belong only to Reuven.

Paragraph 4- If Shimon said Levi is not his brother, and Levi took Reuven’s portion as was discussed, and Levi then died, Shimon would not inherit anything from Reuven. Rather, Reuven himself will inherit the 1/6 with the other properties Levi left.

Paragraph 5- The same is true with all inheritors where some admit to other inheritors and some do not.

Paragraph 6- If one was sitting on his inheritance and someone came and said he is his brother and he must divide with him, and the other responds he does not recognize him, he would be believed, even if a rumor emerged that he has a brother overseas.

Paragraph 7- If one died and was survived by a son and child with ambiguous genitalia or a hermaphrodite, the son would inherit everything because a child with ambiguous genitalia and a hermaphrodite have an uncertain status. The same is true in any case with a certain and uncertain inheritor, and the uncertain cannot take away from the certain. Thus, if Reuven’s son went overseas and we are unsure if he is alive or not, Reuven’s brother cannot go down to inherit Reuven’s property because we keep Reuven’s son in his prior status as alive. If Reuven and his wife went overseas and it was uncertain whether they had a child, however, we are not concerned he may have had a child, and Reuven’s brothers would inherit Reuven.

Paragraph 8- If one was survived by a child with ambiguous genitalia and a hermaphrodite, they would inherit equally and they are like one of the daughters.

Paragraph 9- If one died and was survived by sons and daughters, children with ambiguous genitalia or hermaphrodites and there is an abundance of properties, the sons would inherit and they would push the child with ambiguous genitalia to the daughters and be supported like them. If there are few properties, the daughter would push the child with ambiguous genitalia to the sons and they will say you are a male and do not receive support with us. There are those who say that in the case of a daughter and child with ambiguous genitalia where there is an abundance of properties, the child with ambiguous genitalia would take ¾ of the properties and the daughter would take ¼. If there are few properties, the child with ambiguous genitalia would receive nothing. If there is a daughter and a hermaphrodite and an abundance of properties, they would divide it equally. If there are few properties, the hermaphrodite would receiving nothing. If there were few properties and the deceased was survived by a son and a child with ambiguous genitalia, the child with ambiguous genitalia would receive ¾ and the son would receive ¼. If there were many properties, the son would inherit everything and the child with ambiguous genitalia would be supported like a daughter. A hermaphrodite, however, would not receive anything where there is a son, whether there is an abundance of property or few properties.

Paragraph 10- If the house fell on son and his mother and the son’s inheritors say the mother died first, while the mother’s inheritors say the son died first, we would keep the mother’s properties in her inheritor’s possession because they are certain inheritors. The same is true where the house fell on him and his married daughter and it is unknown who died first, and the father’s properties will be kept in the possession of the father’s inheritors and the husband would not inherit anything.

Paragraph 11- If the house fell on a grandfather and his daughter’s son, and it is unknown who died first, the father’s inheritors would divide with the daughter’s son’s inheritors. The same rule applies where the father was captured and died in captivity and the daughter’s son died here, or the daughter’s son was captured and died in captivity and the grandfather died here, and we don’t know who died first. There are those who say the properties would be in the possession of the father’s inheritors.

Paragraph 12- If a house fell on a son and his father or on another who he would inherit from, and it is unknown who died first, and there was a kesubah and loans outstanding against the son’s estate, the properties would remain in the inheritor’s possession, and the woman and creditor would receive nothing. If Reuven, his wife, and their four daughters were in a house and the house fell and them and they died, and Reuven’s inheritors say either Reuven or one of his daughters died last so they should inherit everything, they would still divide with the wife’s inheritors, because anything that is affixed in its place has the status of 50/50. If the daughters were married, however, and each of the husbands comes and seeks his portion, we would divide the money six ways. Four of the portions would go to the daughter’s husbands, one of the portions would go to Reuven’s inheritors and one portion would go to the wife’s inheritors.