400. Last of the Tzelofchads: The obligation to carry out the laws of inheritance

When the land in Israel was to be divvied up, Moshe was approached by the daughters of a man named Tzelofchad, who had died. (Some say that Tzelofchad was the man who gathered wood on Shabbos in Numbers chapter 15 – see Talmud Shabbos 96b.) Since Tzelofchad had left no sons, his five daughters were concerned that his portion would be re-distributed with the result that his name would be eradicated from the Tribe. Moshe had to admit that he did not know the law in this matter. Pursuant to this, God communicated the laws of inheritance: Sons inherit their father; if there are no sons, the daughters inherit. If there are no daughters, the deceased’s brothers inherit. If there are no brothers, the deceased’s paternal uncles inherit. If his father had no brothers, the closest relative inherits. Upon the person’s death, the appropriate heir immediately becomes the rightful owner of the property.

This chain of inheritance is God-given and takes effect automatically. The upshot of this is that one cannot leave instructions for his property to be divided not in accordance with Torah law; if he does, his instructions are invalid. (One can, however, give his property to whomever he wishes during his lifetime. This is the basis for many modern wills.)

The laws of inheritance include not only the chain of heirs discussed here, but also the fact that a first-born son receives a double portion, as detailed in Deuteronomy 21:17. In other words, if a man has three sons, his property is divided into four shares. The first-born receives two portions and the other sons get one each. (If he has four sons, the property is divided into five shares, etc.)

The basis of this mitzvah is that God is the Boss. He gives us property and while it is in our possession, it is ours to do with as we please. I can give my field to my son, my daughter or a stranger; I can sell it or I can burn it to the ground if I so choose. But I won’t be around forever and when I go, it is God, not I, Who decides who should be the next beneficiary of His gifts. In this way, we can be made aware that all the good in our lives comes from Him.

This mitzvah applies to men and women in all times and places. In the Talmud, it is the subject the eighth and ninth chapters of tractate Baba Basra. It is codified in the Shulchan Aruch in Choshen Mishpat 276. This mitzvah is #248 of the 248 positive mitzvos in the Rambam’s Sefer HaMitzvos and #73 of the 77 positive mitzvos that can be fulfilled today in the Chofetz Chaim’s Sefer HaMitzvos HaKatzar.