1,622. Dividing the Estate Among the Sons

Hilchos Ishus 19:2

Pursuant to the previous halacha, let’s say that a man married a woman whose kesubah and nedunya combined totaled 1,000 zuz. She gave birth to a son and predeceased her husband. Later, the man married another woman whose kesubah and nedunya totaled 200 zuz. She also had a son and predeceased the husband. Finally, the husband died, leaving an estate worth 2,000 zuz. The first wife’s son inherits 1,000 zuz and the second wife’s son inherits 200 zuz – the respective values of their mothers’ kesubahs. They divide the remainder of the inheritance (in this case 800 zuz) equally between them so the first wife’s son receives 1,400 zuz and the second wife’s son receives 600 zuz.

Hilchos Ishus 19:3

The above only applies when the father’s estate is worth at least a dinar more than the total amount of the kesubahs. If there isn’t a dinar or more left after paying the kesubahs, then the estate is divided equally among the sons. The reason for this is because if this son inherits his mother's kesubah and that son inherits his mother's kesubah, but not one dinar is left to divide among the heirs, then this condition in the kesubahs completely overturns the division of the inheritance by the heirs as prescribed by the Torah.