CCAR RESPONSA
Contemporary American Reform Responsa
9. Demands of a Will
QUESTION: What is the affect of a will which demands that a commitment to Judaism be made by the recipients and that they must promise to raise their children as Jews? (Rabbi P. Grumbacher, Wilmington, DE)ANSWER: A properly executed will takes effect immediately upon an individual’s death (B. B. 149a). Efforts were made to assure that the obvious wishes of the dying individual were followed, whether they were written or oral (B. B. 156b; Git. 15a; Shulhan Arukh Hoshen Mishpat 250.7). It could even lack the signature of proper witnesses (Git. 71a; Yad Hil. Nahalot 4.1). Naturally, nowadays, in all these matters we are guided primarily by the law of the land (dina d’malkhuta dina). In our instance, we are dealing with a clear mandate of the deceased, and that wish should be conveyed to all of her heirs. Those who are already married, and are raising their children as Jews, present no problem. The others who have not yet reached the age of marriage must promise to do so in order to qualify for their part of the inheritance. This is all which can be required. We might add, however, that it remains a mitzvah to carry out the wishes of the deceased (Git. 14b; Ket. 70a). This would be true even if some aspects of the will are currently beyond the capacity of the beneficiary. There is some debate among the authorities whether property is automatically transmitted upon a promise being made or whether actual action is necessary (Isserles to Shulhan Arukh Hoshen Mishpat 252.2; Shulhan Arukh Hoshen Mishpat 111.9, 257.6; Responsa Rosh 86.5; Responsa Ritba #54). Those instances, however, did not involve a potentially long waiting period, or one with as many complications as this woman’s stipulation. Here we are dealing with a situation that is akin to an ethical will through which an individual wishes to exert influence upon succeeding generations. The grandchildren should be made aware of the grandmother’s wishes and have the moral obligation to execute them. There is nothing in Jewish law which would enable us to go further than this.November 1984
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