Jewish Law on Writing a Will and Dividing Inheritance — Halachic Guidance Before Death

As with all aspects of Jewish life, the Torah provides guidelines and instructions for end-of-life preparation. Before his passing, a person should declare, in the presence of valid witnesses, all his possessions, debts, and deposits belonging to others so that his heirs will know how to act justly with his assets — and not stumble into theft.

If however there is concern that such a conversation may weaken his spirit and worsen his condition, one should not raise the topic with him. (Shulchan Aruch, Yoreh De’ah 339:7; Responsa, vol. 4 p.289)

Honest Dealings Even After Death

The Talmud (Berachot 18b) recounts a story about Abba, a righteous man who was entrusted with funds belonging to orphans. When he passed away, his son Shmuel was not present and did not know where the money was kept. People began to suspect him of having taken the orphans’ money.

Shmuel went to the cemetery and asked to speak with his father’s spirit. His father revealed that the money was buried under the millstone, in three layers of coins: the top and bottom layers belonged to the family, and the middle layer to the orphans. “I did this,” said his father, “so that if thieves came, they would take the top layer — ours; and if the ground became damp, the bottom coins — also ours, would be damaged. Thus, the orphans’ money would remain safe.”

This is a powerful reminder of honesty, even beyond death.

Writing a Halachic Will

It is wise for every person to write a proper halachic will to avoid future disputes and resentment among heirs. This should not be done through a lawyer, but with the help of a halachic authority expert in monetary law, who can ensure the will’s wording is valid both under Jewish law and civil law. Otherwise, the will may not be binding according to Torah, and the division of inheritance may be halachically invalid. (Responsa, vol. 4)

Leaving an Inheritance to One Son Only

If a person has two sons, he may allocate the inheritance primarily to the righteous son. Giving funds to someone who uses them for sin is considered assisting wrongdoing.

However, it is best to act with balance. The father can deposit a portion of the inheritance with a trustworthy guardian, stipulating that if his children return to observance, they will receive their share; otherwise, it will go to the righteous son or charity.

Rabbi Moshe Feinstein (Igrot Moshe, Choshen Mishpat 2:50) clarifies that one who still believes in God and Torah should not be cut off from inheritance, as “perhaps good children will emerge from him.”

Granting a Larger Portion to a Torah Scholar

If all sons are observant, but one son has devoted himself fully to Torah study and become a scholar, the father may grant him a greater share, especially if he lives in poverty. This is considered honoring the Torah.

The Yabia Omer (Choshen Mishpat 8:9) rules that one may increase the scholar’s portion, particularly if the will is written while the father is still healthy, since “a man may do with his own property as he pleases.”

Inheritance for Daughters

According to Torah law, sons inherit before daughters. Only if there are no sons does inheritance pass to daughters, as it says (Bamidbar 27:8–11): “If a man dies and has no son, you shall transfer his inheritance to his daughter... and if he has no daughter, you shall give it to his brothers...”

Therefore, modern court claims by daughters (or sons-in-law) for equal shares contradict Torah law and constitute theft. Anyone taking such funds is halachically a thief and disqualified from serving as a prayer leader or a witness until restitution is made.

However, it is advisable and praiseworthy for a father to allocate part of his estate to his daughters within his lifetime or in a halachic will — to maintain peace. The Gesher HaChaim recommends giving each daughter half the share of a son, or as appropriate to the family’s situation, especially if the daughters or their husbands are Torah scholars.

Prohibited Court Claims

One who sues for inheritance or monetary disputes in civil court rather than a Beit Din violates a grave prohibition. The Rambam (Sanhedrin 26) and Shulchan Aruch (Choshen Mishpat 26:1) write: “Such a person is wicked, as though he blasphemed and raised his hand against the Torah of Moses.”

Rabbi Tzvi Pesach Frank, Chief Rabbi of Jerusalem, ruled that even Israeli civil courts that judge by foreign law are halachically “non-Torah courts.” Similarly, the Chazon Ish and Rabbi Herzog declared that such courts are worse than gentile ones, since Jewish judges who reject Torah law commit a greater desecration. (Yechaveh Da’at 4:65)

Gifts to Daughters and Family Peace

Even if the father did not leave daughters an inheritance, it is meritorious for observant sons to gift part of their share to their sisters — to avoid strife and preserve unity. (Gesher HaChaim 1:41)

The Mitzvah of Charity

Before one’s death, one may give large sums to charity. The mitzvah of tzedakah protects from harsh judgment and elevates the soul in the World to Come.

The Talmud (Ketubot 67b) tells of Mar Ukva, a great philanthropist. Before his death, he reviewed his charity records — 7,000 dinars, and said: “I have prepared little for a long journey.” He immediately distributed half his wealth to charity.

The limit of giving no more than 20% applies only during life, lest one become impoverished; but before death, one may give generously without restriction. (Bava Batra 10a; Shabbat 156b)

A Final Spiritual Request

If a person’s family is not fully observant, he should use his will as a final opportunity to inspire them, and urge them to strengthen their connection to Torah and mitzvot. Many heed the words of the departed more than the words of the living.

He should therefore include at least one practical mitzvah for them to continue — for “one mitzvah leads to another.” (Responsa, vol. 4)

Judaism views arranging one’s affairs not merely as a legal task, but as an act of responsibility, faith, and peace — ensuring honesty, avoiding conflict, and securing spiritual merit for generations to come.