SUCCESSION
G. Brin, "The Status of the First-Born in Genealogical Tables",
BM 24 (1979), 255-259 (Heb.). - Examination of biblical genealogies
reveals that the first-born son is not only the first mentioned but is frequently
the only son whose own descendants are enumerated. This custom, as well
as the right of the first-born son to inherit a double portion, is known
in the Nuzu documents as well. (B.S.J.)
Sinai Deutsch, "The Validity of a Will Drawn up in a Foreign
Court" (Heb), Diné Israel 12 (1986), 206-239.
- S analyses validity attributed by Jewish Law to a will drawn up according
to the Laws of the State. Such validity must be granted both on the Jurisdictional
level, i.e. recognition of authorities empowered to give the will validity
and uphold its execution, and on the internal level of validating the testimonial
capacity of witnesses otherwise not recognized in Jewish Law (Pesuke
Edut). S traces the development of three parallel talmudic sources of
recognition. The first is the dictum of the Amora Samuel, the Law of the
Land is Law, the second is an extension of the talmudic recognition of documents
drawn up by foreign courts, and the third is a tendency in the Talmud to
give recognition de facto to prevalent customs of tradesmen, which,
though at variance with substantive Jewish Property Law, nonetheless are
accepted norms, relied upon for the transferral of property. S shows that
according to some modern Responsa, a grundnorm of Gemirut Da'at
(subjective intention) may be inferred from these categories, wherein the
sufficient condition for recognition is the intention and reliance of the
Testator that his will, in its present form, will be upheld, though the
specific form, including the witnesses and the appropriate jurisdiction,
may be at variance with substantive Jewish Law. S further posits that since
intrinsic difficulties inhere in the extension of Gemirut Da'at to
all forms of property transfer, a preferable theory may be found in drawing
a basic distinction between substantive Jewish Law applying to the will
in Jewish Law, which is an immediate, in rem transfer of property,
as opposed to the will in other systems, which is only a commitment or intention
to transfer property, thus less stringent in its formal requirements. (M.J.P.)
O. Irshai, "The Apostate as an Inheritor in Geonic Responsa
- Basics of Decision-Making and Parallels in Gentile Law" (Heb.), Shenaton
Hamishpat Ha'ivri 11-12 (1984-1986), 435-461. - The article discusses
the earliest measures in the Geonic period taken against an apostate, i.e.
his ability to inherit his father's estate. The leading responsum
is that of R. Natronai Gaon, who headed the Sura Academy from 853-858 and
held that an apostate could not inherit his father. This decision departs
from the plain sense of the Talmud (Kiddushin 17b-18a) and includes
elements of an ideological and homiletical nature. The author analyses the
responsum in detail and discusses the negative reaction to it on
the part of other Geonim. This is followed by a general discussion of inheritance
by apostates in Geonic halakhah. The last section is devoted to the
influence of Moslem law on R. Natronai's decision and a Geonic responsum
regarding the status of the apostate in succession law. (D.B.S.)
About
| Officers | Constitution
| Membership | Conferences
Publications | Abstracts
| Resources | Courses
| Links
View the framed
or non-framed version of this site
|