Chapter 4: Acknowledgment of Heirs and Presumptions

Overview

This chapter addresses how a person’s statements about family relationships affect inheritance, including acknowledgment of heirs, denial of relationships, customs-related declarations, and presumptions based on reputation. It also covers complex cases involving maidservants, Torah scholars, and disputes among siblings.

Numbered Halachot with Summaries

Halacha 1 – Acknowledging Heirs

If a person says: “This is my son,” “This is my brother,” “This is my uncle,” or identifies any heir, his word is accepted—even if the person was not previously recognized as a relative. This applies whether he was healthy or on his deathbed, and even if he wrote it after losing speech, provided his understanding is verified (as in divorce cases).

Halacha 2 – Denying Relationships

If someone is recognized as a brother or cousin and the person says: “He is not my brother,” his word is not accepted.
Exception: If he denies someone as his son, the son does not inherit. Even if the son has children, the father’s statement affects inheritance (but not lineage status).

Halacha 3 – Contradictory Statements

If he first says: “This is my son,” then later: “He is my servant,” the second statement is ignored.
If reversed, the second statement (“He is my son”) is accepted—even if the son serves him like a servant.
Exception: If people commonly call him “a slave worth 100 zuz,” the retraction is not accepted.

Halacha 4 – Customs Declarations

If he identified someone as his son at customs and later as a servant, the latter is accepted (to avoid duty).
If reversed, the second statement is not accepted.

Halacha 5 – Avoiding Confusion

One should not call a servant “Papa” or a maidservant “Mama” to prevent lineage confusion—unless the servants are publicly known (e.g., of the Nasi’s household).

Halacha 6 – Son of a Maidservant

If a man fathers a son with a maidservant and says: “He is my son and his mother was freed,” then:

• If he is a Torah scholar or honorable person, the son may inherit.
• The son may not marry a Jewish woman until proving the mother was freed before birth.
• If the father is ordinary or lax, the son is presumed a servant; brothers may sell him, and yibbum applies if no other sons exist.
  Other opinions exist, but the stricter view is followed.

Halacha 7 – Presumption of Relationship

Heirs may inherit based on prevailing presumption (e.g., witnesses testify that someone is generally regarded as the deceased’s son or brother), even without full lineage proof.

Halacha 8 – Effect of Acknowledgment on Shares

A person’s acknowledgment affects his own share, not his brothers’.
Example: Jacob dies leaving Reuven and Shimon. Reuven says: “Levi is also our brother,” Shimon says: “I don’t know.”

• Shimon gets ½, Reuven gets ⅓, Levi gets ⅙.
  If Levi dies, his sixth returns to Reuven.
  If Levi acquired property, it is divided between Reuven and Shimon.
  If Shimon explicitly denies Levi, Reuven inherits Levi’s estate alone.

Summary Table