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tenced to prison, when he is discharged he may not return to his to a rebellious son? The answer is that we might have thought that # 20818
previous position. However, if he was traveling to save a life or his father had set his eyes on his son’s assets, and therefore he did not
was involved in saving a life, perhaps he can be restored to his forgive him and had him stoned. Perhaps we would think that our
position. So, too, if the director of a hospital drove quickly for Sages would decree that the father should not inherit his son because
pikuach nefesh and was sentenced to prison, perhaps when he is the Torah says “And you shall be irreproachable” (Bamidbar 32:22).
released he can return to his original position. That is why it is necessary to state that there is no such decree and his
4. It is forbidden to publicize the name of a person who was father inherits him.
judged in court and fined, unless the publicity is for a purpose. According to the Radvaz, we can say that only the father who
For example, if he is not prepared to accept the judgment of the caused his rebellious son to be stoned to death can inherit his son,
beis din, and publicizing his name will force him to do so. because the father is following Torah law, which commanded that a
rebellious son be stoned. He is also not obligated to forgive him. This
5. If one suspects that a person stole, one should give him the
benefit of the doubt and not hand him over to the police, as the is not like when a son kills his father in order to inherit him, in which
investigation itself will harm his livelihood. However, if a rumor case we have to revoke his inheritance. Even in our case, where the
husband is suspected of killing his wife in order to inherit her assets,
spreads about him and most people in the city believe that he is we may think not to allow him to inherit her because of “And you
misusing public funds, one must subject him to investigation.
shall be irreproachable.”
6. An expert physician who treated someone free of charge and Who, then, should inherit the murdered person? The heir who
killed him unintentionally is exempt from exile. comes after the murderer in the line of inheritance. In the Shulchan
Physician did not respond and patient died Aruch (under Hilchos Nachalos, Choshen Mishpat #283:2) it states as
follows: “A Jew who became an apostate inherits his Jewish relatives
as he would [before he became an apostate]. But if the beis din decides
to confiscate his assets and to fine him so that he does not inherit, in
order not to strengthen the hands of the wicked, it is allowed to do so.
If he has Jewish children, the inheritance of their father the apostate
is given to them.”
We also find in maseches Bava Kamma (108b) that if one steals
from one’s father and swears falsely to him that he did not steal, and
then the father dies and the son, the stealer, is his heir and wants
to repent for his stealing and for his false oath, he should pay the
principal as well as a quarter (chomesh) to his children. If his father
were alive he would have paid him. Now that he has died, he should
pay the son of his son as an inheritance. In other words, we skip over
the stealer when it comes to the inheritance and give that part of the
inheritance to the next in line. (See Tosfos, ibid., s.v. bevanav.)
So, too, there is room to say that the husband should not inherit;
164 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician shortened his wife’s life 2 177
