Translation:Shulchan Aruch/Choshen Mishpat/283

From Wikisource
Jump to navigation Jump to search

Paragraph 1- Biblically, a gentile inherits his father, and a convert would not inherit his gentile father. The Rabbis instituted, however, that a convert would inherit so that he not rebel and return to his old path. A condition would be effective on such an inheritance because the gentile is not required to comply with this regulation. A gentile would not inherit his convert father, and a convert would not inherit his convert father, whether biblically or rabbnically. Even if the son was born Jewish, because he was conceived as a gentile, he would not inherit his father and his father would not inherit him. If a Jew owed money to a gentile and died, and the gentile is unaware of this, the Jew is not required to pay back his inheritors.

Paragraph 2- If a Jew became an apostate for idolatry, he would inherit his Jewish relatives. If the court saw it proper to destroy his money and penalize him that his relatives would not inherit so as not to strengthen the wicked, they have the power to do so. If they have Jewish children, their apostate father’s inheritance would be given to them. Even if the apostate gave the properties to others, his gift would be of no effect because the properties immediately fell to his inheritors and he has no rights to them. There are those who say we leave the inheritance in court and if he repents they would give it to him. A Jew would inherit from his relative who is an apostate to idolatry, even if the money was deposited by other Jews and even if he had children while he was a gentile. If the guardians laid their hands on the deposited money while the apostate was alive or he asked for the money and the guardians did not give him, and they have witnesses attesting to that, they would acquire what they have and the inheritors cannot remove the money from the guardians, both during and after the apostate’s lifetime, because anyone who has possession of the apostate’s property has the ability to acquire them so long as he is alive. If an apostate’s mother died and he has paternal relatives and the apostate was an adult where it is appropriate to penalize him with his inheritance, his inheritors would also not inherit and the inheritance would remain with the mother’s other inheritors. If the apostate was a minor where it is not appropriate to penalize him, his inheritors would inherit his mother. A husband inherits his apostate wife. Even if her father died after she became an apostate for idolatry and she subsequently dies, the husband would inherit her because his hand is like hers and thus a penalty is not applicable.

Paragraph 3- If Leah was captured and her mother collected money for her ransom and she then heard that Leah had become an apostate and had assimilated with the gentiles, and it is impossible for her to return to everyone that contributed, the principle should remain for the redeeming of captives. If it becomes appropriate at a later time to redeem that captive, they would do so. See Yoreh Deah 253:6.