Q&A: Have You Murdered and Also Inherited?
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.
Have You Murdered and Also Inherited?
Question
Does the Rabbi know whether this statement by the Holy One, blessed be He, became Jewish law? In other words, from a halakhic standpoint, can a murderer inherit from the person he murdered?
Answer
That was Elijah the Prophet. See an overview here: https://www.dintora.org/article/2185
Discussion on Answer
That is the midrash, not the Holy One, blessed be He. Midrash is not a factual description. The verse itself was said by Elijah.
Ah, I understand. What about what I said at the end?
Obviously. See the overview; I think it addresses that.
Maybe Elijah said it in the language of the Holy One, blessed be He, and not the other way around.
That is the Holy One, blessed be He. Here is the midrash:
Rabbi says: Cain did not know that hidden things are revealed before the Holy One, blessed be He, so he took the body of his brother Abel and hid it in the field. The Holy One, blessed be He, said to him: “Where is Abel your brother?” He said before Him: Master of all worlds, did You make me a watchman over vineyard and field, and not a watchman over my brother?! As it says, “Am I my brother’s keeper?” He said to him: “Have you murdered and also inherited?! Your brother’s blood is crying out to Me from the ground, and you say: ‘Am I my brother’s keeper?’” And when Cain heard this, he was shaken. And He cursed him to wander the earth because of bloodshed. Therefore Cain said before the Holy One, blessed be He: Master of all worlds, my sin is too great to bear — is there no atonement for me?! And this was counted for him as repentance, as it says: “And Cain said to the Lord: My sin is too great to bear.”
Thanks for the reference. I’ll look into it.
Apparently some wanted to bring proof from Maimonides, from the last law in the Laws of Rebels, that a father inherits from his son who is a stubborn and rebellious son, even though he caused his son to be stoned.
But it seems to me that one can distinguish the cases, because there it is not murder! That is part of Torah law, that a stubborn and rebellious son is to be stoned. We are not talking about the prohibition of murder.