Section: Halacha Category: Tshuvos
|Btzel HaChochma: A Grandson From Your Daughter|
If someone promises to give a sum of money to the grandsons of a certain tzaddik, are the sons of his daughter's included? This was the question asked to Rav Betzalel Stern (Btzel HaCHochma 3:24).
He answered that the Tshuvas HaRema says the saying "Chasni KBni" a son-in-law is like a son has sources in Tanach. One example is Dovid, who called Shaul HaMelech his father, and Shaul called Dovid his son.
We also see in Eiruvin (41a) that Rebbi Elazar en Tzaddok says "Ani Hayisi MBnei Sinav ben Binyomin", I used to come from the children of Sinav from Shevet Binyomin. Tosfos asks that we know he was a Kohen. Tosfos answers that he was either from a daughter or he was a son-in-law. Furthermore the word "Hayisi" "I was", doesn't make sense. Rav Stern says that we see from here that he was a son-in-law but his wife died and he remarried so he is no longer part of the clan. Yet he was still called a son.
Either way we see that a son-in-law is often times called a son and certainly a daughter's children are considered grandsons (although not for yerusha or inheritance purposes). Therefore all the male grandchildren are considered grandsons for this purpose and should receive a share of the money, especially given that the whole world calls them as such and that is weighty consideration when deciding the intent of a promisor.
Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.