לרפואת פייגא בת יטא רבקה

🎓 Quiz

הלכות זכיה ומתנה פרק י״ב · 5 Questions
Question 1
A healthy person says 'My son Reuven should inherit my estate' in front of witnesses. What is the legal effect?
The Rambam explicitly rules that a healthy person who designates a specific heir to the exclusion of others accomplishes nothing — only a sh'chiv me'ra has this power.
Question 2
A sh'chiv me'ra says 'My property should go to Reuven, and after him to Shimon.' Reuven lives 20 years and spends half the estate. What does Shimon receive?
In a sequential gift, the second recipient gets only what the first leaves over. Reuven had life use of the property; Shimon receives the remainder.
Question 3
The first recipient in a sequential gift sells the property to an outside buyer. Can the second recipient expropriate it from the buyer?
While the first recipient is forbidden to sell, if he transgresses and does so, the second recipient cannot expropriate the property from a bona fide third-party buyer. The prohibition is on the seller, not the buyer's title.
Question 4
A deed states the gift takes effect 'from today and after my death.' When does the recipient get the property's usufruct (fruits)?
The phrase 'from today and after my death' immediately transfers the body (corpus) of the property. But the usufruct — fruits and income — remain with the giver until his death.
Question 5
According to the Rambam's closing words, what is the conduct of the perfectly righteous regarding gifts from others?
The Rambam closes Hilchot Zekhiyah u'Matanah by praising men of spiritual stature who refuse gifts from other men entirely, trusting only in God and their own work — a standard beyond the letter of the law.

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