Translation:Shulchan Aruch/Choshen Mishpat/286

Paragraph 1- If one died and was survived by adult and minor sons or adult and minor daughters, and the adults need to spend more on clothing, while the minors need to spend more on food, they would not be fed and clothed from the estate. Rather, they would divide equally and each one will be clothed and fed from what is his. This is only where inheritors objected. An objection would even be effective where they were all adults. In a standard case, however, all the inheritors would be fed and supported together because by default they are partners and waive to each other. There are those who disagree.

Paragraph 2- When is this true? In a case where it does not make a difference to the minors as to what the adults wear. With respect to the oldest of the brothers that transacts with the properties and it makes a difference to the minors that he is dressed nicely so that his words are heard, however, he may be dressed from the estate. If they objected, they have the right to do so.

Paragraph 3- If the adults married after their father died, the minors will also have their marriage paid by the properties, and they would then divide. If the adults married while their father was alive, and after the father died the minors said they want to marry the same way their older siblings did, we would not listen to them. Rather, whatever their father gave, he gave. If one’s son was engaged and the father pledged to give a dowry and then died before the wedding, the son would take the dowry from his share because he did not acquire while his father was alive. If one’s father redeemed him from prison, we would later deduct that amount from his share. We do not say the father gave it to him as a gift, but that it was a loan, unless there is evidence that his father gave it to him as a gift.

Paragraph 4- If a father married off his son and made a party for him, paid for by the father, and wedding gifts were sent to this son while the father was still alive, when the son has to repay those wedding gifts after the father died, it would be paid by the estate. If the son paid for the wedding on his own, however, the gift would be repaid only from that son’s portion.

Paragraph 5- If a father sent wedding gifts in the name of one of his sons, when the gifts return to that son, it would belong to him. If the father simply sent it in the name of his sons, however, when the gift comes back it will go to the estate. The recipient of that gift is not obligated to return it until he parties with all the sons, because they are all groomsmen given that it was sent in all their names. Thus, if he only parties with some of them, he would return just the portion of that groom, and it would go to the estate.