9. End of life preparations:

A. Settling debts:[1]

A [fatally] ill person is to be told to take care of any important issues [prior to his passing], such as to pay up any debts that he owes or collect debts that he is owed, and to return any items that he has of others, and to collect any items he gave to others. The ill person is to be forewarned that doing these actions should not make him fear death.

B. Writing a will:[2]

One is to write a will as he approaches his day of death.[3] Some communities are accustomed to do so on the third day of illness of a person.[4] The writing of a will is a Segula for a long life[5], and hence does not have to wait until one is nearing death.[6] Doing so does not infringe on the saying “Don’t open the mouth for the Satan.”[7] [Writing a will at an earlier opportunity is especially necessary today where state laws of inheritance widely differ from the Halachic laws of inheritance. Hence, a legally binding will is to be written to insure a Halachically valid inheritance that refrains the children from engaging in battles that involve contradictions between Jewish and state law.] The will is to be written in front of witnesses, and is not to be left to the testimony of one’s father, or wife and children.[8] It is to be legally binding and is hence to be performed under the guidance of a lawyer.[9] If one suspects that writing a will may cause argument and fights amongst the heirs, he is to divide the items prior to his death.[10]

A Halachically valid will: Every country contains inheritance laws that take effect the moment a person dies, if he did not leave an official legally binding will. Being that state law differs from Jewish law, it is therefore necessary to write a will that confers with Jewish law prior to one’s passing. There are clear Halachic guidelines for the order of inheritance and distribution of wealth and property, and there are various laws that dictate whether one can change this order of inheritance.[11] Certain redistributions are not initially allowed to be done, and some do not even carry Halachic legal status.[12] Furthermore, a will may require a Halachic acquisition performed so it is legally binding, and a typical secular will written by one’s attorney may not meet these standards.[13] Thus, in order that one’s wishes of distribution do not contradict Jewish law and are enforceable under both state and Jewish law, it is necessary that one turn to an Orthodox estate planning attorney who has Rabbinical guidance for the writing of wills, so it complies to both the law of the land and law of the Torah.[14]

Inheriting to daughters and to all children equally: As stated above, per Halacha only sons receive the inheritance and not daughters.[15] Nevertheless, there are various entitlements given to daughters, outside of the official inheritance.[16] In addition, many parents would like all their children, including their daughters, to receive an equal share, or some share, and hence diminish any disharmony from erupting after death in regards to the estate. Some Rabbanim thus encourage one to [partially] inherit also to daughters, and so was customarily done hundreds of years prior, as brought in the Poskim.[17] There are numerous Halachically valid ways of facilitating an equal inheritance to all children, such as through writing a Shtar Matana to the children which takes effect while the person is still alive[18], or through writing an IOU document to the daughters that is of greater worth than the estate, hence forcing the sons to equally divide the inheritance.[19] Practically, as stated above, one is to seek Halachic and legal guidance in this matter.

C. Life insurance-The Torah’s perspective:

Many Poskim[20] rule that it is permitted [and one is to be encouraged[21]] to purchase life insurance, and doing so is not a sign of lack of Bitachon and the like. Others[22] however take a colder stance towards its purchase.[23] There is no clear directive of the Rebbe in either direction[24] although in one instance the Rebbe spoke negatively about the matter.[25]

A Kosher policy: One who decides to purchase a life insurance policy must verify that the policy does not involve any Ribis prohibitions, if the policy is taking place through a Jewish owned company or agent. Likewise, some policies ask the owner to allow or provide an autopsy report in order to make a claim in the event of death.  According to Halacha, it is forbidden to sign away the rights for autopsy on a Jewish corpse, due to it being desecration of the dead

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[1] Michaber 335:7; Miseches Semachos

[2] Sefer Chassidim 718; Yosef Ometz p. 324 in name of Rabbeinu Yerucham; Sefarim in Nitei Gavriel 1:1; See Michaber 335:7 regarding collecting debts and paying loans

[3] Seder Viduy of Ramban, printed in Darkei Chesed p. 256

[4] Chochmas Adam 151:11

[5] Igros Kodesh 4:373 that so was said in past; Heard from Rav Groner in name of the previous Rebbe

[6] See Igros Kodesh ibid; The Rebbe wrote a will sometime in 1987; Heard from Rav Groner

[7] See Kochavei Yitzchak 1:22; Igros Moshe O.C. 2:111; Yechaveh Daas 3:85

[8] Sefer Chassidim ibid

[9] Igros Kodesh ibid

[10] Rama C.M. 257:7; Mavor Yaabok Sifsei Tzedek 8

[11] See Shulchan Aruch Choshen Mishpat chapters 276 for the order of inheritance, and that when there are sons, no one else inherits, including daughters. See chapter 281-282 regarding redistributing the will against the above guidelines, and when it is valid to do so.

[12] See Michaber C.M. 281:1 that certain redistributions, such as completely removing a heir, are legally invalid in all cases; See Michaber 281:5 that redistributions in a Lashon of Yerusha are never legally binding if the person is currently healthy, and they are binding only if the person is ill at the time of the will; See Michaber 281:7 that redistributions are legally binding in all cases if given as an inter-vivo gift prior to death and not Lashon Yerusha. See however Michaber 282:1 and Admur Hilchos Mechira 8 that even when redistribution maintains Halachic legality, it is not initially permitted to do so. However, there are certain cases of exception, and hence a Rav is to be contacted.

[13] Even when a redistribution is legally permitted, often, a Kinyan must be made in order to finalize its legal status, and if a Kinyan is not made, it can jeopardize the entire validity of the will, even if its form of distribution is permitted. This last issue is relevant when one makes a secular will without any formal Kinyan, such as Kinyan Suddar, and enters the question as to whether such a will is legally binding onto the traditional Halachically rightful heirs, even if it was written in a way that does not transgress the laws of Yerusha. This matter is discussed extensively in Achronim, who try to vindicate the custom of many for hundreds of years to rely on a secular will without any formal Kinyan: See Michaber C.M. 281:1-5; Radbaz 1:67; Achiezer 3:34; Igros Moshe E.H. 104; Rama 257:7; Maharam in Mordechai Bava Metzia 254

[14] There are legal and Halachically binding will documents offered by Rabbanim and lawyers that combine one’s secular will with the Halachically permissible terms of contract. For example, if one has a son, and desires to inherit his estate also to his daughter, who Halachically is not meant to receive inheritance in such a case, then he must create a contract which circumvents this prohibition. There are various methods in how this can be accomplished. It is beyond the scope of this book to enter all the details involved in will writing, although we will briefly address inheriting to daughters. The most common method used today is through writing a typical secular will that does not completely leave out any Halachically destined heir, and the attaching to it a Shetar Chatzi Zachar, otherwise known as an IOU document, which enforce the heirs to comply by the will, otherwise they will have to pay the enormous debt written in the IOU. [See Dinei Yerusha by Rabbi Ari Marburger]  

[15] Michaber 276:1; Bamidbar 27:8

[16] Such as giving each unmarried daughter a 10^th of the estate. [Even Haezer 113:4; Kesubos 68a]

[17] See Rama C.M. 281:7 that so is the custom

[18] Rama C.M. 281:7; Mordechai Yeish Nochlin; However, see ibid that only those assets acquired prior to this contract being written are under distribution for the daughter.

[19] Rama ibid that so is custom; This is known as a Shetar Chatzi Zachar

[20] Lechem Shlomo Y.D. 2:67 [Shlomo Zalman Ehrinreich, Rav of Silvaniei 1863-1944]; Peri Hasadeh 2:44; Kochavei Yitzchak 1:22 in the name of the Shinaver Rav; Igros Moshe 2:111; 4:48; Beir Moshe 8:118; Cheshev Haeifod 3:50; Yabia Omer 3:85; Rav Elyashiv in Koveitz Teshuvos 1:19; Teshuvos Vehanhagos 4:325; Kav Hachaim 26

[21] Rav Meir Shapiro, the Rosh Yeshivah of Yeshivas Chachmei Lublin, had a very large life insurance policy, even though he unfortunately had no children. His reason was that since fundraising for the yeshiva was completely on his shoulders, he was concerned that in the event of his premature death, the Yeshiva would be forced to close. We see that he was not concerned with any of the issues discussed below and felt that purchasing insurance was an appropriate course of action.

[22] Even Yisrael 9:161 writes he does not feel right to obligate people to buy life insurance as perhaps the fact that one ‘s family is dependent on him monetarily is a reason in heaven to keep him alive. Likewise, it will remove the great Mitzvah and Zechus that Klal Yisrael has in providing for orphans and widows; See Teshuvos Vehanhagos ibid

[23] The reason: Several reasons and rebuttals are suggested for why one should not purchase life insurance.

1) The Gemara [Sota 48b] states that anyone who has money in his pocket and states “How will I live tomorrow” is amongst those that have little faith. From here it is possible to learn that one should not worry about what will happen after 120 years. On the other hand, the same way one is to continue working each day even though he has money in the bank to last him until tomorrow, so too he should make a life insurance policy. The Gemara’s words mean to say that one should not worry about the issue, however certainly one is to place physical effort to achieve tomorrow’s pay. [Igros Moshe ibid; Yabia Omer ibid]

2) One is not to open the mouth of the Satan and begin discussing matters of death. [See Brachos 19a and 60a; Kesubos 8b; M”A 239:7] Since the policies are based on the death of the policy holder, and it mentions his death in various places of the document, therefore one should not make a policy. On the other hand, the Rivash 114 [based on Menachos 42a and Beis Yosef Yoreh Deah 339] rules that one may purchase a Kever while alive, and hence we see that doing matters that prepare for death is not considered to be opening the mouth of the Satan. [Lechem Shlomo ibid]

3) Perhaps the fact that one’s family is dependent on him monetarily is a reason in heaven to keep him alive. If one purchases a life insurance policy, then this merit will disappear. [Even Yisrael ibid] A counter claim to this is that to contrary, having a life insurance is a Segula for long life being that the Mazal of life insurance companies is to be wealthy, and hence prevent them from losing money by having to pay out a policy in the event of death. [Kochavei Yitzchak ibid]

[24] In response to the authors query addressed to Rabbi Leibel Groner regarding the Rebbe’s position on life insurance, and the rumors that the Rebbe encouraged it, he replied: I have never heard that the Rebbe should encourage it.

[25] In Sichas 13^th Tammuz 1951 the Rebbe stated as follows: “The concept of selling life insurance is a business from the side of Kelipa. Instead of going and announcing to people that they can purchase life, he announces on the contrary that one is to already now to arrange what will happen after 120 years, and therefore everyone should buy a policy through giving a small amount each year and thus being secure that when the time come they will take care of him monetarily. This job requires great effort and is contrary to logic: Why does one need to speak with others about what will happen after 120 years when he can speak to him about joyful matters. The Rebbe Rashab once told a Chassid who desired to write a will which included giving money to charity, that he should give the money now to charity and not wait for later.”