Document Type
Note
Abstract
(Excerpt)
This Note will begin with an overview of Jewish laws of inheritance, using the biblical story of the daughters of Tzelafchad as a foundation and exploring Torah-based principles such as the double portion for the firstborn son and chukat mishpat. Part II examines Halakhic Wills, explaining their necessity and the mechanisms that make them compatible with Jewish law and secular systems. It also discusses the limitations of relying on the principle of dina d’malchuta dina, the principle that under certain circumstances, Jewish law requires that Jews be governed by the laws of the sovereign state, in cases of Jewish inheritance law. Part IV turns to the ethical dilemmas and dilemmas of Jewish law faced by religiously observant attorneys when asked to draft secular wills for non-practicing Jews, focusing on prohibitions of lifnei iver and the broader mandate to “be holy.” Finally, Part V offers practical strategies compliant with halakha for Jewish attorneys, including opinions of Torah scholars like Rabbi Moshe Feinstein, Rabbi Shlomo Zalman Auerbach, and Rabbi Feivel Cohen.
Included in
Estates and Trusts Commons, Legal Ethics and Professional Responsibility Commons, Religion Law Commons