BAIS HAVAAD ON THEV PARSHA 5772 ~ PARSHAS VAYECHI ~ Mitzva L'Kayem; Adhering to the Will of the Deceased

In Parshas Vayechi, the Torah tells us that after Yaakov died, his children carried him to Eretz Yisroel for burial just as he had commanded them. The Midrash (Midrash Hagodol) teaches that it is from here that we derive the Halacha, mentioned in the Gemora (Kesuvos, 70a, and other places) that there is a mitzvah, an obligation to carry out the instructions of the deceased. In fact, this mitzvah can be enforced in a Beis Din, so that if for example, someone instructed that a payment should be made from his estate to someone else, the inheritors would be obligated to do so after he died. This rule, Mitzvah lekayem divrei hamess, can sometimes be applied as a method for Halachically Feature Shiur Vayechi: Fulfilling the Will of the Deceased. By Rav Yosef Greenwald validating a will in which the testator leaves instructions as to how to divide up his estate. However, there are a number of limitations to this rule of Mitzvah lekayem divrei hamess. In this week's journal, we shall examine the parameters of the Halacha of Mitzvah lekayem divrei hamess, and its various applications. PRINT VERSION PLUS MORE AUDIO AND VIDEO