1,630. Dividing a Small Estate

Hilchos Ishus 19:18

The idea that a small estate is given exclusively to the daughters’ support only applies when an estate includes real estate. Let’s say that an estate includes movable property. Since it is only because of a decree from the Gaonim that the daughters are entitled to maintenance from movable property, sons and daughters receive support equally from a small estate of movable property. When it comes to movable property, daughters were given the right to be treated like sons, not better than sons.

Hilchos Ishus 19:19

If a man left a bountiful estate of real estate that subsequently became insufficient, it is not re-divided because the heirs have already taken possession of it. If the estate was insufficient when the man died but it subsequently became bountiful, the heirs are entitled to inherit it. Even if the estate’s value did not increase, if the sons sold an insufficient estate, the sale is binding.