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The Centre for Jewish Studies

University of Manchester



Extra-Mural Lectures January-March 2000


For the full list of lectures, click here

 

Mar 7 Bernard Jackson: "Can Jews Make Wills (according to the Halakhah)? And if so, can they discriminate against wives and daughters?"

Abstract: Dayan Grunfeld published a book in 1987: The Jewish Law of Inheritance, which posed a major challenge to the normal practises of (civil) will-making in the Jewish community. He claimed that the Halakhah gives priority to intestate succession, and that the distribution of the estate must follow the rules laid down in the case of the daughters of Zelophehad (Numbers 27). It is not possible to override this distribution by means of a civil will, or by any explicit means in Jewish law. That means, for example, that daughters are necessarily excluded from inheritance in favour of sons, and that widows must rely upon maintenance from the estate, according to the terms of the Ketubah. Nevertheless, Dayan Grunfeld drafted a Jewish form of will designed to have the effects of a civil will without breaching the Halakhah. This lecture will trace the history of the matter: the tension between testate and intestate succession in the Bible itself; the steps by which the Halakhah itself came to recognise the institution of the will; and the efforts which have been made to equalise the succession rights of daughters with those of sons.

Bernard Jackson held the Queen Victoria Chair of Law at the University of Liverpool from 1989-97, and is now Alliance Professor of Modern Jewish Studies and Co-Director of the Centre for Jewish Studies at the University of Manchester. He has held visiting appointments in Oxford, Paris, Bologna, Jerusalem and Harvard. He has published several books on legal philosophy, and, in Jewish law (the topic of his doctoral thesis): Theft in Early Jewish Law (Oxford: The Clarendon Press, 1972) and Essays in Jewish and Comparative Legal History (Leiden: E. J Brill, 1975). He is currently completing a new book: Studies in the Semiotics of Biblical Law. e-mail:Bernard.Jackson@man.ac.uk

 

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e-mail: Bernard.Jackson@man.ac.uk