Daas Torah - Issues of Jewish Identity: Sheldon Silver, New York

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Saturday, 17 May 2014

Daughters inheriting: Forcing the involvement of secular courts instead of beis din

Posted on 14:06 by viju
Friday night in the minyan I attended which is 99% kollel guys  - a dayan had been chosen to be the guest speaker before Maariv. He went into great detail describing the suffering and cruelty that he has observed when frum people insist on following the Torah law that wife and daughters do not inherit. In particular he mentioned a case in Bnei Brak involving one of the most distinguished families where a fight has continued for 30 years over whether the daughters receive part of the inheritance. 

His solution shocked me. It was to ignore the Torah and rabbinic law in these cases and instead either bypass beis din and go to the secular courts or extort a settlement from the male heirs. He said that in Israel if the daughters or wife do not sign the will then beis din has no power to deal with it and it automatically goes to secular court where there is an equitable distribution of the inheritance. Therefore he said that they should not sign the will or alternatively they should extort the mail heir and only sign on the condition that 50% of the estate goes to them.

Not only did no one stone him but no one even made a comment. Is this standard procedure these days?

While Rav Moshe Feinstein and others describe ways or bypassing the Torah requirements for inheritance - I am not aware of any call to not only ignore Torah and Rabbinic law but also to deliberately bypass beis din in favor of secular courts.
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