J4. Law of Inheritance. [Make a Comment]
We are to receive inheritance according to established law and to that which is approved by God.
This precept is derived from His Word (blessed be He):
Key Scriptures
FINANCIAL INHERITANCE
Numbers 27:1-11
(Maimonides RP248; Meir MP73; Chinuch C400)
Then the daughters of Tz'lof'chad the son of Hefer, the son of
Gil'ad, the son of Machir, the son of M'nasheh, of the families of
M'nasheh, the son of Yosef, approached. These were the names of his
daughters: Machlah, No'ah, Hoglah, Milkah and Tirtzah. They stood in
front of Moshe, El'azar the cohen, the leaders and the whole community
at the entrance to the tent of meeting and said, "Our father died in the
desert. He wasn't part of the group who assembled themselves to rebel
against ADONAI in Korach's group, but he died in his own sin, and he
had no sons. Why should the name of our father be eliminated from his
family just because he didn't have a son? Give us property to possess
along with the brothers of our father." Moshe brought their cause before
ADONAI. ADONAI answered Moshe, "The daughters of Tz'lof'chad are
right in what they say. You must give them property to be inherited along
with that of their father's brothers; have what their father would have
inherited pass to them. Moreover, say to the people of Isra'el,
'If a man dies and does not have a son, you are to have his inheritance
pass to his daughter. If he doesn't have a daughter, give his
inheritance to his brothers. If he has no brothers, give his inheritance to
his father's brothers. If his father doesn't have brothers, give
his inheritance to the closest relative in his family, and he will possess
it. This will be the standard for judgment to be used by the people of
Isra'el, as ADONAI ordered Moshe.'"
Numbers 36:6-9
Here is what ADONAI has ordered concerning the daughters of
Tz'lof'chad: 'Let them be married to whomever they think
best, but they must marry only into a family from their father's tribe.
In this way no inheritance of the people of Isra'el will move from one
tribe to another; for each of the people of Isra'el is to hold on to
the land for inheritance belonging to his father's tribe. Every
daughter who possesses an inheritance in any tribe of the people of
Isra'el is to become the wife of someone from the family of her
father's tribe, so that every one of the people of Isra'el will
stay in possession of his ancestors' inheritance. Thus no inheritance
will move from one tribe to another, for each of the tribes of the people of
Isra'el will hold on to its own inheritance."
Deuteronomy 21:15-17
(Maimonides RP248; Chinuch C400)
If a man has two wives, the one loved and the other unloved, and both the
loved and unloved wives have borne him children, and if the firstborn son is
the child of the unloved wife; then, when it comes time for him to pass his
inheritance on to his sons, he may not give the inheritance due the
firstborn to the son of the loved wife in place of the son of the unloved
one, who is in fact the firstborn. No, he must acknowledge as firstborn the
son of the unloved wife by giving him a double portion of everything he
owns, for he is the firstfruits of his manhood, and the right of the
firstborn is his.
Joshua 1:6
Be strong, be bold; for you will cause this people to inherit the land I
swore to their fathers I would give them.
Ezekiel 46:16-18
Adonai ELOHIM says this: 'If the prince turns over part of his
hereditary property to one of his sons, it is his inheritance; it will
belong to his sons; it is their possession by inheritance. But if he gives
part of his hereditary property to one of his slaves, it will be his until
the year of freedom, at which time it will revert to the prince, so that the
prince's heritage will go to his sons. The prince is not to take over
any of the people's inheritance, thereby evicting them wrongfully from
their property; he is to give his sons an inheritance out of his own
property, so that none of my people will be driven off their
property.'
Luke 15:11-13
Again Yeshua said, "A man had two sons. The younger of them said to his
father, 'Father, give me the share of the estate that will be
mine.' So the father divided the property between them. As soon as he
could convert his share into cash, the younger son left home and went off to
a distant country, where he squandered his money in reckless living.
Supportive Scriptures
ROYAL INHERITANCE
1 Kings 9:2-9
ADONAI appeared to Shlomo a second time, as he had appeared to him in
Giv'on. ADONAI said to him, "I have heard your prayer and your plea
that you made before me: I am consecrating this house which you built and
placing my name there forever; my eyes and heart will always be there. As
for you, if you will live in my presence, as did David your father, in
pureness of heart and uprightness, doing everything I have ordered you to
do, and observing my laws and rulings; then I will establish the throne of
your rulership over Isra'el forever, just as I promised David your
father when I said, 'You will never lack a man on the throne of
Isra'el.' But if you turn away from following me, you or your
children, and do not observe my mitzvot and regulations which I have set
before you, and go and serve other gods, worshipping them; then I will cut
off Isra'el from the land I have given them. This house, which I
consecrated for my name, I will eject from my sight; and Isra'el will
become an example to avoid and an object of scorn among all peoples. This
house, now so exalted- everyone passing by will gasp in shock at the sight
of it and will ask, 'Why has ADONAI done this to this land and to this
house?' But the answer will be, 'It's because they abandoned
ADONAI their God, who brought their ancestors out of the land of Egypt, and
took hold of other gods, worshipping and serving them; this is why ADONAI
brought all these calamities on them.'
MORAL INHERITANCE
Proverbs 13:22
A good man leaves an inheritance to his grandchildren, but the wealth of a
sinner is stored up for the righteous.
Proverbs 22:6
Train a child in the way he [should] go; and, even when old, he will not
swerve from it.
ABRAHAM & HIS SEED INHERITED THROUGH GOD'S WILL & PROMISE
Romans 4:13-15
For the promise to Avraham and his seed that he would inherit the world did
not come through legalism but through the righteousness that trust produces.
For if the heirs are produced by legalism, then trust is pointless and the
promise worthless. For what law brings is punishment. But where there is
no law, there is also no violation.
Galatians 3:18
For if the inheritance comes from the legal part of the Torah, it no longer
comes from a promise. But God gave it to Avraham through a promise.
WE ARE HEIRS OF OUR FATHER ABRAHAM
Romans 4:16-17
The reason the promise is based on trusting is so that it may come as
God's free gift, a promise that can be relied on by all the seed, not
only those who live within the framework of the Torah, but also those with
the kind of trust Avraham had - Avraham avinu for all of us. This accords
with the Tanakh, where it says, "I have appointed you to be a father to many
nations." Avraham is our father in God's sight because he trusted God
as the one who gives life to the dead and calls nonexistent things into
existence.
Galatians 3:29
Also, if you belong to the Messiah, you are seed of Avraham and heirs
according to the promise.
YESHUA INHERITED OWNERSHIP OF ALL FROM GOD HIS FATHER
Hebrews 1:2
But now, in the acharit-hayamim, he has spoken to us through his Son, to
whom he has given ownership of everything and through whom he created the
universe.
WE HAVE INHERITED HOLINESS & THE NEW COVENANT FROM YESHUA
Acts 20:32
And now I [Yeshua] entrust you to the care of the Lord and to the message of
his love and kindness, for it can build you up and give you an inheritance
among all those who have been set apart for God.
Hebrews 9:15
It is because of this death that he is mediator of a new covenant [or will].
Because a death has occurred which sets people free from the transgressions
committed under the first covenant, those who have been called may receive
the promised eternal inheritance.
WE ARE CHILDREN OF GOD AND JOINT HEIRS WITH YESHUA OF DELIVERANCE, GLORIFICATION, & ETERNAL LIFE
Romans 8:16-17
The Spirit himself bears witness with our own spirits that we are children
of God; and if we are children, then we are also heirs, heirs of God and
joint-heirs with the Messiah - provided we are suffering with him in order
also to be glorified with him.
Ephesians 1:11-14
Also in union with him we were given an inheritance, we who were picked in
advance according to the purpose of the One who effects everything in
keeping with the decision of his will, so that we who earlier had put our
hope in the Messiah would bring him praise commensurate with his glory.
Furthermore, you who heard the message of the truth, the Good News offering
you deliverance, and put your trust in the Messiah were sealed by him with
the promised Ruach HaKodesh, who guarantees our inheritance until we come
into possession of it and thus bring him praise commensurate with his
glory.
Titus 3:4-7
But when the kindness and love for mankind of God our Deliverer was
revealed, he delivered us. It was not on the ground of any righteous deeds
we had done, but on the ground of his own mercy. He did it by means of the
mikveh of rebirth and the renewal brought about by the Ruach HaKodesh, whom
he poured out on us generously through Yeshua the Messiah, our Deliverer. He
did it so that by his grace we might come to be considered righteous by God
and become heirs, with the certain hope of eternal life.
1 Peter 1:3-4
Praised be God, Father of our Lord Yeshua the Messiah, who, in keeping with
his great mercy, has caused us, through the resurrection of Yeshua the
Messiah from the dead, to be born again to a living hope, to an inheritance
that cannot decay, spoil or fade, kept safe for you in heaven.
THE GENTILES ARE JOINT HEIRS WITH THE JEWS OF GOD'S PROMISES
Ephesians 3:5-6
In past generations it was not made known to mankind, as the Spirit is now
revealing it to his emissaries and prophets, that in union with the Messiah
and through the Good News the Gentiles were to be joint heirs, a joint body
and joint sharers with the Jews in what God has promised.
WE ALL SHARE IN THE INHERITANCE OF GOD'S PEOPLE WHO ARE IN THE LIGHT
Colossians 1:11-12
We pray that you will be continually strengthened with all the power that
comes from his glorious might; so that you will be able to persevere and be
patient in any situation, joyfully giving thanks to the Father for having
made you fit to share in the inheritance of his people in the light.
THOSE WHO FOLLOW THE LORD AND ARE RIGHTEOUS WILL INHERIT; SINNERS WILL NOT
Joshua 14:9
On that day Moshe swore, 'Surely the land where your foot has been will
be the inheritance for you and your descendants forever, because you have
followed ADONAI my God completely.'
Psalm 37:29
The righteous will inherit the land and live in it forever.
1 Corinthians 6:9-10
Don't you know that unrighteous people will have no share in the
Kingdom of God? Don't delude yourselves - people who engage in sex
before marriage, who worship idols, who engage in sex after marriage with
someone other than their spouse, who engage in active or passive
homosexuality, who steal, who are greedy, who get drunk, who assail people
with contemptuous language, who rob - none of them will share in the Kingdom
of God.
Galatians 3:19-21
So then, why the legal part of the Torah? It was added in order to create
transgressions, until the coming of the seed about whom the promise had been
made. Moreover, it was handed down through angels and a mediator. Now a
mediator implies more than one, but God is one. Does this mean that the
legal part of the Torah stands in opposition to God's promises? Heaven
forbid! For if the legal part of the Torah which God gave had had in itself
the power to give life, then righteousness really would have come by
legalistically following such a Torah.
Ephesians 5:5-7
For of this you can be sure: every sexually immoral, impure or greedy person
- that is, every idol-worshipper - has no share in the Kingdom of the
Messiah and of God. Let no one deceive you with empty talk; for it is
because of these things that God's judgment is coming on those who
disobey him. So don't become partners with them!
Colossians 3:23-24
Whatever work you do, put yourself into it, as those who are serving not
merely other people, but the Lord. Remember that as your reward, you will
receive the inheritance from the Lord. You are slaving for the Lord, for the
Messiah.
THE MEEK SHALL INHERIT THE EARTH
Psalm 37:11
But the meek will inherit the land and delight themselves in abundant
peace.
Matthew 5:5
How blessed are the meek! for they will inherit the Land!
LAST WILL & TESTAMENT
Hebrews 9:13-17
(Maimonides RP244; Chinuch C60)
For if sprinkling ceremonially unclean persons with the blood of goats and
bulls and the ashes of a heifer restores their outward purity; then how much
more the blood of the Messiah, who, through the eternal Spirit, offered
himself to God as a sacrifice without blemish, will purify our conscience
from works that lead to death, so that we can serve the living God! It is
because of this death that he is mediator of a new covenant [or will].
Because a death has occurred which sets people free from the transgressions
committed under the first covenant, those who have been called may receive
the promised eternal inheritance. For where there is a will, there must
necessarily be produced evidence of its maker's death, since a will
goes into effect only upon death; it never has force while its maker is
still alive.
Commentary
There are three kinds of inheritance referred to in Scripture; they are (1) financial inheritance (money, personal property and land), (2) royal inheritance (e.g. kingship passing from father to son), and (3) moral inheritance (i.e. non-tangible assets such as character traits and ethical values. In addition, there are two mechanisms that govern inheritance - (1) last wills and testaments, and (2) statutes of intestacy (i.e. rules that govern inheritance in the absence of a last will and testament). All of these date back to the time of Moses and before but, because today we live under secular governments (not the theocracy of ancient Israel), today's laws of inheritance are what govern.
Financial inheritance under Moses and today are the same in that they were and are controlled by statute, albeit statutes that are different. The system of financial inheritance under and prior to Moses was what we call "primogeniture". It is where all the financial assets of a deceased person are inherited by the person's firstborn or eldest son (sometimes firstborn daughters inherited as well), who then become the family's patriarch and is expected to use his inheritance to care for his siblings and their families. Primogeniture still exists in places, but has been largely eliminated in the western world where it has been replaced by laws of intestacy and "last wills and testaments." Wills that are duly made and executed govern (within limits) and, in the absence of a will, a person's financial assets usually go to his spouse and children according to a statutorily defined plan.
Royal inheritance, where it exists in kingdoms today, is similar to how it was at times in the past, in that it normally goes to the firstborn child (sometimes the firstborn son) by law. In that way it is similar to primogeniture in that the firstborn has responsibility to provide for his siblings as kings have responsibility to provide for their subjects. King David was succeeded by his son Solomon in what is sometimes referred to as the Davidic Dynasty, and the kingship passed from father to son) until the Babylonian exile in 586 BCE.
Moral inheritance is different from the other two in that through it, moral, ethical, and religious values are conveyed through God's influence rather than through law, but the result of conveyance is just as real. Within the Jewish community (and some other communities) there exists what is sometimes referred to as a zava'ah or "ethical will", which is a document designed to pass wisdom and ethical and moral values from one generation to the next. The idea of the ethical will is inspired by Genesis 49:1-33, where Jacob prophesies over, and seeks to convey blessings to, his gathered sons.
Classical Commentators
Maimonides, Meir, and HaChinuch, wrote only one mitzvah each on inheritance. They were on financial inheritance, supported by Numbers 27:8-9 and Deuteronomy 21:17.
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