Inhibitors for Inheritance, or Rules for Non-Relatives
What the Gemara says about yerushah (inheritance): Do not withhold it from rightful heirs by distributing assets to others, even if the inheritors are not worthy–dilma nafik mineh zar’ah maalya (perhaps his children will be great) and the subsequent beneficiaries will use the wealth honorably. Of a person who distributes their capital to non-heirs in this shortsighted manner, Chazal state, “Ein ruach chachamim nochah haimenu” (the Sages do not approve [of his actions]).
This applies even to tapping the inheritance for tzedakah (charity) in circumstances where generous grants would leave little for the children. However, various leniencies exist for endowing others in addition to a person’s own progeny; one of these is for tzedakah bequests that do not leave inheritors wanting—even more so, such giving is encouraged as a zechus (special merit) for the deceased.
Many poskim maintain it is permissible to bypass the rightful heirs if the tzava’ah (last will) bequeaths them at least a shiur chashuv (a significant measure). A range of amounts defining what is chashuv are mentioned in poskim: four zuz (ancient silver coin); one fifth of total assets; or, in contemporary terms—as codified by Rabbi Moshe Feinstein (20th century)—one thousand dollars. Nevertheless, a wealthy person should rather bequeath their assets to their own children if they are needy rather than other causes, especially if their indigent children eschew money-making endeavors for Torah study.
The general practice, however, is to extend the shiur chashuv and ensure sufficient funds for each child to be self-supporting. After accounting for these allotments, the remainder may be distributed as desired. In cases where the heirs are mochel (forgoing of) what is rightfully theirs, a person’s wealth may be distributed any way they like.
Many authorities, including the Tzemach Tzedek (third Lubavitcher Rebbe and 18thcentury halachic author), maintain that all these rules apply even to gifting non-heirs during a person’s lifetime. Some poskim maintain, however, that those assets that are not normally part of a yerushah may be disposed of by the owner at their discretion during their lifetime. The Tzemach Tzedek rules that if the purpose of the gift is so that the recipient will be able to support the donor in their old age, or for a similar legitimate reasons, it is permissible, because a person may spend money for their own needs without censure. Just as an individual is permitted to sell their assets, they may likewise gift them or spend the money on themselves; the concern is only if they are depriving their children of their rightful yerushah, not if their finances are spent with just cause.
It is machlokes haposkim (a halachic dispute) whether favoring one child in a tzava’ah over others by distributing assets unevenly is permitted, and it is good to follow those who promote even-handedness. It is also permitted, according to some poskim, to cut a child out of a will if they are mechalel Shabbos b’farhesia (desecrator of Shabbos in public). Some poskim state that it is halachically acceptable to leave one child more than the others in a case where the favored child is a talmid chacham (a Torah scholar), especially if it is done without the others’ knowledge—though it may not be a good choice for obvious reasons.
(For guidelines on creating halachic wills, see Halachah #236.)