This article was automatically translated from HIBAPRESS, the Arabic version:
HIBAPRESS-RABAT
In Morocco, if the wife has imposed the condition of monogamy for her husband, polygamy will be illegal. With rare exceptions; Inheritance of daughters: the parent has the right of donation during his lifetime to his daughters, even minors.
The Institutions of the Old Testament, the rules of inheritance in ancient Israel are known to us only by “two legislative texts only, Dt 21, 15-17 and Nb 27, 1-11, with the complement of Nb 36, 6-9” and “the fundamental rule is that only sons have the right to inheritance”.
Indeed, if there were sons, Dt 21, 15-17 regulated the sharing of the inheritance between them by granting a special share to the eldest: this is the famous “birthright (mishpat habbekorâh) » (Dt 21, 17), where the exact meaning of the expression pî shenayîm, “double part” or “two thirds”, remains debated, even if the second interpretation has its own advantages. good biblical (cf. Zech 13, 8) and epigraphic (cf. the weights inscribed pym) parallels.
If there were no sons, Num 27:8-11 clearly indicated the rules to apply:
“If a man dies without leaving a son (ûbén ‘ên lô), then you will transmit (ha ‘abartèm) his inheritance (nahalâtô) to his daughter. And if he has no daughter, then you will give his inheritance to his brothers (netattèm ‘et-nahalâtô le’ èhâyw). And if he has no brothers (‘aẖîm), then you will give his inheritance to his father’s brothers. And if his father has no brothers, then you will give his inheritance to the closest relative of his clan. »
This succession of rules confirms that the inheritance of daughters remained exceptional and exclusively limited to the case where there were no sons.
“It shall be a law and a right for the children of Israel, as the Lord commanded Moses.”
