Q&A: Half-Male Share Deed
Half-Male Share Deed
Question
Hello, we are currently learning about the half-male share deed and the kinyan of odaita, and the lawyers among us argue that the legal foundation is fraudulent. They say that if the case were heard in court, the judge would throw everyone out of the courtroom: someone seeking relief from the legal authorities must come with clean hands. Those versed in Jewish law hide behind “the Rema validated it,” and so on. What do you think? Does a worthy goal sanctify the means? Thank you.
Answer
I did not understand what this has to do with a goal sanctifying the means. A kinyan of odaita is not fraud but a type of acquisition. The person who “admits” does not really mean to say that he owes the debt and is acknowledging an obligation; rather, this is an expression of a principle similar to migo (actually, it is more accurate to view it as “it is in his power”): since a person can admit that he owes so-and-so, he also has the power to transfer something to him through odaita. If all the other heirs challenge it, he can lie and admit to the debt, and they have no power to override that. And once this is a valid halakhic acquisition, one can also use it to transfer half an inheritance to a married daughter. That is how the mechanism of “it is in his power” works, and it is definitely logical.