Daily Halacha Tuesday 12th Kisleiv: Yerushas Haba’al – The Inheritance Rights of a Husband Regarding His Late Wife’s Estate

Yerushas Haba’al – The Inheritance Rights of a Husband Regarding His Late Wife’s Estate:[1]

The question of a husband inheriting his wife’s estate becomes particularly relevant in modern contexts where women often hold significant independent financial assets. These assets can arise from various sources, such as:

• Pre-Marital Earnings – Funds earned and saved before the marriage, which remain in her name.
• Retirement Accounts – Pension plans or retirement savings accumulated during her career.
• Inheritance Received During Marriage – Money or property bequeathed to her by relatives or others after the marriage began.
• Personal Investments – Stocks, bonds, or other financial instruments purchased with her own funds.

When a wife passes away, these assets may create complex inheritance questions, especially when multiple parties have potential claims. The primary claim under Halacha belongs to the husband, whose right to inherit is enshrined in the Kesuba as one of the seven marital rights granted in exchange for his obligation to support his wife. However, other parties may also assert claims, including:

• Children of the Deceased – Seeking a share of the estate under civil law or communal enactments.
• Parents or Siblings – Who may have rights under secular inheritance statutes.
• Creditors – Whose claims must be satisfied before distribution.

The following article will delineate the halachic rights a husband holds toward his wife’s estate, examining the nature of this right, its underlying source, and whether it can be revoked. It will also clarify which assets fall under the husband’s inheritance rights and which do not, including cases where he does not inherit certain funds or obligations. Through this analysis, readers will gain a clear understanding of the scope and limitations of these rights within Halacha.

1. The Halacha:

According to Halacha, if a wife predeceases her husband, the husband automatically inherits her estate, whether it be defined as Nichsei Malug[2] [i.e. separate Property with Usufruct Rights] or Nichsei Tzoan Barzel[3] [i.e. Dowry Property with Guaranteed Value].[4] The husband is granted precedence of inheritance over all other heirs, including any children the wife has from previous relationships.[5]

Nature of the Right: Biblical or Rabbinic?[6] The Talmud, Rishonim and Poskim debate as to whether this right of inheritance is of biblical origin or rabbinic enactment. Some Poskim[7] maintain that the husband’s inheritance is rooted in Torah law (d’Oraisa), citing verses and Talmudic derivations, and is hence of Biblical status. Other Poskim[8] argue that it has no Biblical basis and rather it is a rabbinic enactment (d’Rabbanan), instituted as a marriage privilege. Specifically, it is in exchange for his commitment to bury his wife.[9]

Disinheriting the Husband and writing a Halachic Will:[10] It is illegal for the wife to disinherit her husband, and any will or document attempting to revoke his inheritance rights is void under Halacha and carries no legal force. Thus, even if a wife explicitly states in her will that her husband shall not inherit her, the husband retains full legal claim to her estate. This provision remains applicable even if she obtains her husband’s consent and signature on the will, unless it was signed prior to the marriage as a prenuptial agreement.[11] [This principle applies even when a wife executes a halachic will granting her entire estate as a gift to other individuals shortly before her passing, or issues an IOU to a relative to ensure her wishes are respected. While such measures are valid and commonly employed to circumvent biblical inheritance laws—allowing for equal distribution of assets among all children, both sons and daughters—they do not remove the husband’s inheritance rights. This is because a wife may not transfer her assets to others during her lifetime without her husband’s consent; should she attempt to do so, he retains the right to reclaim those assets.[12] Therefore, a husband may only be disinherited from his wife’s estate if he voluntarily consents and signs a document affirming his agreement to the Halachic will.[13]]

Scope of Assets Covered within the husbands inheritance rights – Muchzak versus Rauiy – Debts and Bank accounts:[14] While the husband inherits his wife’s property, not all assets fall under this rule: For example, the husband does not inherit monies that were never in the wife’s possession, such as funds owed to her but not yet received, known as Rauiy [potential assets] as opposed to Muchzak [held assets]. The guiding principle: if the asset was never in her legal possession, the husband does not inherit it. Thus, if the wife was due to receive an inheritance and passed away before receiving it [i.e. she died before her parents], then he does not inherit these monies. Similarly, if a woman is owed money from before her marriage and the debt remains unpaid, her husband does not inherit these funds; instead, they are passed to her relatives. Conversely, any money that she lends after marriage will be inherited by her husband.[15] [With regard to the issue of a husband inheriting funds found in his wife’s bank or other deposits: The Poskim[16] are divided regarding the classification of such funds deposited in a bank account and whether these funds should be regarded as Rauiy, or Muchzak even if the woman did not directly possess them prior to deposit [i.e. bank transfer]. Accordingly, debate exists whether the husband inherits these funds that are in her bank account or other similar type of fund. Conversely, if the funds were previously in her possession and subsequently deposited into the bank, they are defined as Muchzak and hence the husband inherits them. Similarly, if funds are invested in stocks, some[17] contend that even without the recipient ever personally holding the money (for example, inheriting stock directly or having funds transferred to purchase stock prior to receipt), the husband inherits these stocks. This perspective is based on the view that stocks represent shares of ownership rather than liabilities.]

Communal Enactments (Takanos):[18] Historically, Jewish communities instituted various Takanos (communal enactments) to limit the husband’s inheritance rights [i.e. Takanas Shum; Takanas Tulitula; Damesek; Eretz Yisrael], both to encourage substantial dowries for brides without fear of immediate transfer to the husband and to ensure that children receive a portion of the estate. In practice, all matters relating to a wife’s inheritance are adjudicated within a Beis Din (rabbinical court), in accordance with Halacha and any applicable communal enactments.

1. Civil Law:

Husband’s Inheritance Rights in the USA

Under U.S. law, inheritance rights for a surviving spouse are governed by state statutes. Most states provide a statutory elective share, ensuring that a spouse cannot be completely disinherited.

No will: If the wife did not write a will, then the estate is distributed according to the default intestacy laws in each jurisdiction: Each state has its own statute, but generally, the surviving spouse inherits a substantial portion of the estate. If there are no children or parents, the husband usually inherits everything. If there are children, the husband typically inherits half or one-third, and the rest goes to the children. Some states also grant the spouse priority rights to certain property, like the family home.

Wrote a will: Even if a wife writes a will excluding her husband, he may claim a portion of the estate—typically one-third or one-half—depending on the state. This applies to all assets passing through probate, including personal property, real estate, and financial accounts. However, assets held in trusts or with designated beneficiaries (such as retirement accounts) generally bypass probate and are distributed according to those designations.

Civil Law: Husband’s Inheritance Rights in Israel

In Israel, inheritance is regulated by the Succession Law, 1965, which grants the surviving spouse a significant share of the estate. If the deceased leaves children, the spouse inherits half of the estate, plus exclusive rights to household contents. If there are no children, the spouse inherits the entire estate. Similar to U.S. law, a will cannot fully revoke these statutory rights. However, certain assets—such as pension funds or insurance policies—may be governed by separate beneficiary designations and not fall under the general inheritance rules.

1. Summary

Under Halacha, a husband automatically inherits his wife’s estate upon her death, whether the assets are classified as Nichsei Milug (separate property with usufruct rights) or Nichsei Tzoan Barzel (dowry property with guaranteed value). This right, enshrined in the Kesuba, is considered one of the husband’s marital privileges, though authorities debate whether it is biblical or rabbinic in origin. A wife cannot legally disinherit her husband; any will attempting to revoke his rights is void under Halacha, though communal enactments historically limited these rights to protect dowries and children’s inheritance. The husband’s claim applies only to assets in her possession (Muchzak), not to potential receivables (Rauiy), such as unpaid debts or inheritances not yet received. Civil law differs: in both the U.S. and Israel, statutory protections ensure the husband receives a significant share of the estate, even if excluded by will, though certain assets like pensions or trust funds may follow separate beneficiary designations.

1. Case study:

Israel’s Rabbinical Court Ruling [Beit Hadin Harabani]: Husband’s Inheritance Rights vs. Halachic Will in Petah Tikva:[19]

In a case before the Regional Rabbinical Court, with Dayanim Shananan, Amar, and Solomon, the dispute concerned a will written by the deceased, R.H., wife of B.H., on 27 Tevet 5754, in which she bequeathed her assets to four family members. The will was drafted in full compliance with halachic and civil requirements, stating that she gives all her property—including real estate registered in her name, funds, profits, and receivables—as a complete gift one hour before her passing, with a formal kinyan and binding obligation, “in the most effective manner according to Torah law and state law.” After her death, the husband sought to annul the will, claiming that under Halacha he inherits his wife regardless of any testamentary disposition. The defendants argued that the will was valid and executed properly. The estate included an apartment registered under both spouses and joint funds abroad. After extensive deliberation, the court was divided: the majority ruled that the will had no legal force under Halacha, while the minority suggested granting the beneficiaries half of the joint funds. All judges agreed that the wife’s share of the apartment should be transferred entirely to the husband. The final ruling followed the majority opinion, declaring the will invalid despite its formal structure and intent.

[1] See Shulchan Aruch, Even HaEzer 57:1; 90:1; Tur E.H. 90; Rambam, Hilchos Ishus 12:1-3; Nechalos 1:8; Avel 2:7; Mishneh Bava Basra 108a and 158a; Kesubos 47b; 84a; Bechoros 52b; Piskei Din Shel Batei Hadin Harabanim Beyisrael 20 pp. 297-330; Encyclopedia Talmudit Erech Yerushas Habala Vol. 25 pp. 451-538; Mishnas Hakesuba [Klein] Chapter 25; Mishpat Hakesuba [Bar Shalom] Vol. 4 Chapter 32

[2] These are assets that a wife brings into the marriage and retains ownership of. The husband has the right to use and benefit from the profits of these assets during the marriage, but he does not own the principal. If the wife dies, the husband inherits these assets under Halacha. Examples: property, investments, or cash she owned before marriage or received as a gift/inheritance during marriage.

[3] These are assets that the wife brings into the marriage with a fixed valuation agreed upon in the Kesuba. The husband assumes full responsibility for these assets as if they were his own property. If they depreciate or are lost, he must compensate the wife (or her heirs) for their agreed value. If they appreciate, the gain belongs to him. Essentially, these assets become part of the husband’s estate with a guaranteed value for the wife.

[4] Michaber E.H. 90:1

[5] Michaber E.H. 57:1; Rambam ibid, ibid, and ibid; Mishneh bava Barsa 158a

[6] See Kesubos 84a; Bechoros 52b; Bava Kama 42b; Bava Basra 111b; Beis Shmuel E.H. 90:1; Encyclopedia Talmudit Erech Yerushas Habala Vol. 25 pp. 452-456; Mishnas Hakesuba [Klein] Chapter 25:2

[7] Ravad Ishus 12:3; Nechalos 1:8; Rebbe Akiva and Rebbe Yishmael Bava Kama 42b; Bava Basra 111b; Many Tanaim, Amoraim, Geonim, Rishonim and Achronim, brought in Encyclopedia Talmudit ibid footnotes 36-53

[8] Rambam Ishus 12:3 and 9; Nechalos 1:8 and 6:8; Rebbe Elazar Ben Shamua in Kesubos 84a; Many Tanaim, Amoraim, Geonim, Rishonim and Achronim, brought in Encyclopedia Talmudit ibid footnotes 10-35 and 56

[9] Encyclopedia Talmudit ibid footnote 51; Mishnas Hakesuba ibid

[10] See Encyclopedia Talmudit ibid pp. 506-528; Mishnas Hakesuba [Klein] Chapter 25

[11] See Michaber and Rama 69:6-7; 92:4; Encyclopedia Talmudit ibid pp. 507-518 for a dispute in the Talmud and Rishonim on this matter

[12] See Michaber 90:1 that the husband inherits Nichsei Malug that she lent without his permission; Michaber 90:7 that gifting her property a moment before death only is binding if the gift contract was written before the marriage; Michaber 90:9 and 13 that she cant sell her Nichsei Malog or Tzoan Barzel and the husband has the rights to take it back [i.e. this is known as Takanas Usha]; Rambam Ishus 22:7; Chelkas Mechokeik 90:9 that the same applies to if she sold it; Rosh Bava Basra 8:11; Piskei Din Shel Batei Hadin Harabanim Beyisrael 20 pp. 297-330 in which the judges invalidated the wife’s will which granted all of her assets to her relatives as a gift prior to her passing, being that she did not have the consent of her husband to write the will, and hence they apply this rule above also to gifts, Upashut

[13] See Michaber 90:10 that if the husband consents to the sale or gift then he loses his rights; Piskei Din Shel Batei Hadin Harabanim Beyisrael 20 pp. 297-330

[14] See Michaber 90:1; Encyclopedia Talmudit ibid pp. 488-506; Piskei Din Shel Batei Hadin Harabanim Beyisrael 20 pp. 297-330; Mishnas Hakesuba [Klein] Chapter 25:16-25

[15] Michaber 90:1; See Encyclopedia Talmudit ibid pp. 495-498 for a dispute in Rishonim and Achronim on this matter

[16] See Mishnas Hakesuba 25:20-21; Piskei Din Shel Batei Hadin Harabanim Beyisrael 20 pp. 297-330

[17] Mishnas Hakesuba 25:20

[18] See Rama E.H. 52:4; 118:19; Shut Harivash 64; Mishnas Hakesuba 25:43-48; Mishpat Hakesuba [Bar Shalom] Vol. 4 Chapter 32; Encyclopedia Talmudit ibid pp. 526-528

[19] See Piskei Din Shel Batei Hadin Harabanim Beyisrael 20 pp. 297-330