Wednesday, May 10, 2023

Fwd: Business Halacha Daily

---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info@baishavaad.org>
Date: Wed, May 10, 2023, 8:00 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>

Can Daughters Demand Compensation in Exchange for Signing Away Their Legal Right to a Share in a Yerusha?

Question: A father passes away, leaving behind sons and daughters. According to secular law, the daughters would have to sign away their rights for the sons to inherit the entire yerusha. Can the sons force them to sign without compensation?

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Rav Yitzchak Grossman

Answer: This question was first discussed by the Pnei Moshe in the 17th century. He cites a machlokes if daughters can be forced to sign documents to allow the sons to take possession of an estate. Those who argued that they can be forced make the case that the sons are entitled to the estate according to halacha and signing over their rights is like hashavas aveidah, as the daughters are simply returning the sons' money to them. They further state that it would be middas Sodom for the daughters not to sign, as they are not entitled to the money in any case and it would be improper not to help the sons gain access to what is rightfully theirs. Others argue that although the daughters cannot take the property for themselves, they also can't be forced to sign for free. They have a right to demand compensation for the "service" of signing the documents.

Poskim throughout the later generations debated this point. It seems that the common minhag was for daughters to be given something in exchange for their signature. Many Poskim advise the heirs to arrive at a compromise regarding how much to give them.