Responsa על בבא בתרא 315:1
Teshuvot Maharam
Q. During a riot and massacre A and his wife, L, were killed and their daughter apostatized. A's brother and L's brother have survived them. Who is the rightful heir to A's property?
A. An apostate forfeits his rights as an heir, although he has the power to transmit his property to his Jewish heirs. Since it is not known whether A's daughter apostatized after her parents were killed, and thus inherited the property from either parent and upon apostatizing transferred it to A's brother, or that she apostatized before they were killed, her survival does not change the status of the estate. Therefore, the estate should be divided in the following manner: The amount recorded in L's ketubah as dowry, shall be divided equally between her brother and A's brother; L's private property, if any, shall go to her brother, while the remaining property shall go to A's brother. However, if A's daughter is still a minor, the estate should not be divided until she reaches majority. Then, if she still persists in her apostasy for one hour, the estate must be divided between the brothers; for a minor does not forfeit her rights as an heir upon apostatizing, since the persuasion of a minor is tantamount to inexorable compulsion.
The author adds: For further details see the Responsum appended therewith which I have sent long ago to Frankfort regarding a similar question.
SOURCES: Cr. 82.
A. An apostate forfeits his rights as an heir, although he has the power to transmit his property to his Jewish heirs. Since it is not known whether A's daughter apostatized after her parents were killed, and thus inherited the property from either parent and upon apostatizing transferred it to A's brother, or that she apostatized before they were killed, her survival does not change the status of the estate. Therefore, the estate should be divided in the following manner: The amount recorded in L's ketubah as dowry, shall be divided equally between her brother and A's brother; L's private property, if any, shall go to her brother, while the remaining property shall go to A's brother. However, if A's daughter is still a minor, the estate should not be divided until she reaches majority. Then, if she still persists in her apostasy for one hour, the estate must be divided between the brothers; for a minor does not forfeit her rights as an heir upon apostatizing, since the persuasion of a minor is tantamount to inexorable compulsion.
The author adds: For further details see the Responsum appended therewith which I have sent long ago to Frankfort regarding a similar question.
SOURCES: Cr. 82.
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