Translation:Shulchan Aruch/Choshen Mishpat/289

Paragraph 1- If one was survived by orphans, some of whom are adults and some whom are minors, and they want to divide the father’s properties so that the adults can receive their portion, the court would appoint a guardian for the minors and he would choose a nice portion for them. There are those who say they need to divide by lottery. If the minors became adults, they would not be able to object because they divided based on the court. If the court erred on the evaluation and under-evaluated by 1/6, they may object and divide again after they became adults. With respect to a guardian, however, even if the orphans’ father appointed him, he is unable to divide without a court unless he was explicitly appointed for that. A court has no right to divide in a case of “set a price or I will.” There are those who disagree and permit it. If all the brothers were minors, we would not divide for them until they become adults, unless it seems to the court that there is a purpose to a division. Once minors reach the age of 13, they are able to divide themselves, because division is not like a sale.

Paragraph 2- If not all the brothers were present, and the ones here want to divide or did divide, and a brother or creditor comes and takes one of their portions, the law was discussed in Siman 175.

Paragraph 3- If one of the brothers went down to a trade, got sick or wants to go learn, the law was discussed in Siman 177.

Paragraph 4- If one of the brothers has his name on the document that was produced and claims it is his, the law is discussed Siman 62.

Paragraph 5- If some inheritors took the properties from the deceased without dividing, and some did not take, and a third party has property that belongs to the deceased, and the inheritors that did not take object that they not take what is in the third party’s possession for burial, they are in the right. They would come to a calculation, and each of the brothers would give his proportionate share.