Halakhah sa Deuteronomio 29:1: Mishneh Torah, Prayer and the Priestly Blessing & Gray Matter III

Ezra instituted the rule for Israel that the portion containing the Imprecations in the book of Leviticus (26:3-end of book) should be read before the feast of Pentecost; and those in the book of Deuteronomy (26:1-29:8) before the New Year. The prevalent custom is to read the portion Bemidbar Sinai (Numbers 1:1-4:20) before Pentecost; Vaethchanan (Deuteronomy 3:23-7:11) after the Ninth of Ab; Atem Nitzabim (Deuteronomy 29:9-30:20) before the New Year; Tzav ess Aharon (Leviticus 6:1-8:36) before Passover in an ordinary year (of twelve months). Hence, on some Sabbaths, two portions are read during the morning service, for example, Isha Ki Tazria (Leviticus 12:1-13:59) and Vezoth tihejeh Torath Hametzora (ibid. 14:1-15:33); Bechukotai (ibid. 26:3-end of book) and Behar Sinai (ibid. 25:1-26:2) etc.; the purpose being to ensure that the reading of the Pentateuch shall be completed in one year and that the portions above mentioned shall be read at their appointed periods.

The Pitchei Choshen (8:175 note 2) urges that a significant portion of one’s estate be designated to be distributed in accordance with Torah law (such as the bechor receiving a double portion and the daughters not receiving a portion if there are sons). Rav Hershel Schachter (in a shiur delivered at Yeshiva University), though, recommended that only a token amount (such as one thousand dollars) be distributed in accordance with the traditional halachic standards. Indeed, Rav Mordechai Willig (in the aforementioned essay available at www.torahweb.org) echoes Rav Zalman Nechemia Goldberg’s approach (Techumin 4:349) that a small portion of the estate, such as sefarim (holy books), should be divided in accordance with the Torah’s laws of inheritance. On the other hand, both Rav Cohen and the Mechon L’hoyroa make no mention of disbursing any amount in this fashion. Rav Cohen wrote to me that in principle he agrees with the Pitchei Choshen, but that he is concerned that this will cause bitter animosity in families. One solution to this problem would be to follow Rav Goldberg, Rav Schachter, and Rav Willig and designate only a nominal amount to be distributed according to Halachah, a compromise that will both recognize the Torah laws of yerushah and preserve family harmony.²³Rav Schachter told me that we find other cases of technical halachic circumvention where steps are taken to observe the Torah law at least in a minimal fashion. He noted that Rav Ovadia Yosef (Teshuvot Yechaveh Da’at 4:62) cites the Ben Ish Chai (year one, end of Parashat Ki Tavo), who refers to the practice of pious Jews who, after writing a prozbul (a document to circumvent the cancellation of debt at the end of the shemittah year), lend a nominal sum to a friend. After Rosh Hashanah, when the borrower comes to pay the loan, the lender refuses to accept repayment and states, “Meshameit Ani” (I cancel the loan or the loan is canceled), thus fulfilling the cancellation of debts mandated by Halachah. Rav Ovadia notes that in order for this method to be effective, one must stipulate that the loan is due prior to the eve of Rosh Hashanah. Similarly, Rav Shlomo Yosef Zevin (L’or Hahalachah p. 126) records the practice of those observant farmers who rely on the heter mechirah (the sale of Israeli farm land to a non-Jew to avoid shemittah agricultural restrictions) to set aside a portion of land to be excluded from the sale so that shemittah regulations can be kept at least on a small parcel of the field.
Rav Schachter added that a nominal amount of the estate should be divided in accordance with Torah rules only if this will not create animosity within the family.