Nachalot – Chapter 7  Proof of Death and Management of Property

Overview

This chapter explains the requirement for heirs to provide clear proof of death before receiving an inheritance, even when testimony is sufficient for a widow to remarry. It also details procedures for managing property of those who are missing, taken captive, or fled due to danger, and distinguishes between voluntary departure and forced absence.

Numbered Halachot with Summaries

Halacha 1 – Proof of Death Required

Heirs cannot inherit until they bring clear proof that the person died. Hearsay or casual reports—even those sufficient for permitting a widow to remarry—do not allow heirs to take possession.

Halacha 2 – Wife’s Testimony

A woman’s statement that her husband died allows her to remarry and collect her ketubah, but heirs cannot inherit based on her word.
Exception: If she marries the deceased’s brother (yibbum), the brother inherits based on her testimony, as derived from Deuteronomy 25:6.

Halacha 3 – Death in Dangerous Situations

If witnesses testify that a person drowned in a body of water with no end, fell into a lions’ den, was crucified, pierced in battle, or killed with identifiable signs, and all traces were lost, heirs may inherit—even though the wife may not remarry.
Reason: Financial matters are treated more leniently than marital prohibitions.

Halacha 4 – Reports of Death After Captivity or Flight

If a report says a captive or someone who fled danger died and heirs divided the estate, we do not remove it from them.
If the person left voluntarily and a report says he died, heirs must bring proof; otherwise, property is reclaimed.

Halacha 5 – Court’s Responsibility for Missing Person’s Property

For someone taken captive or fleeing danger:

• Movable property is entrusted to a court-appointed guardian.
• Land is given to relatives as sharecroppers to maintain it until the owner returns or proof of death is provided.
  The court does not appoint guardians for adults who left voluntarily.

Halacha 6 – Handling Produce and Rentals

If the missing person left standing crops or rentable property:

• The court appoints a guardian to harvest or collect rent and hold funds until proof of death or the owner’s return.
• Relatives are not given such property initially to prevent misuse.

Halacha 7 – Relatives’ Role

Relatives are only given fields, gardens, and vineyards to maintain as sharecroppers, ensuring property is not ruined.

Halacha 8 – Voluntary Departure

If a person leaves voluntarily, the court does not manage his property.

• Movable property remains where found until claimed by the owner or heirs.
• Land left with tenants or sharecroppers remains as is; fallow land stays fallow.

Halacha 9 – Rentals and Sharecropping

No rent is collected from tenants; sharecropping agreements remain unchanged. Losses are considered self-imposed by the owner.

Halacha 10 – Report of Death After Voluntary Departure

If a report says the person died, the court collects movable property and gives land to relatives as sharecroppers until heirs provide proof or the owner returns.

Summary Table