Reply To: Mitzvos wen don’t keep anymore

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#1498910
ubiquitin
Participant

“Some posters are saying that yerusha isn’t done according to halachah is that in cases where people go to beis din?”

I didnt mean to say that Yerusha is not done according to halacha ch”v. What I meant was “spirit of the law” is generally not followed of course if a person didnt leave a will and a beis din was deciding they would follow al pi din and give say if two boys and a girl 2/3 to Bechor 1/3 to younger brother and nothing to sister. (I dont know about the legalities involved and leave that to CT lawyer whether the Beis din’s decision would be enforceable which I doubt)
But if a person asks a Rav what to do ahead of time, most poskim wil ladvise writing a halachic will and including the dauthger.
Joseph incorrectly says “the rabbonim do not recommend or encourage to not use the halachicly prescribed yerusha” I am hesitent t olist names as obviously anyone who disagrees with Joseph isnt among the “gedolei haPoskim” but R’ Dovid Feinstein said that the minhag Ashkenazim is to include girls in Yerusha. I have spoken to poskim chasidish and litvish who all said the same. I did not take a poll among “gedolei poskim” So I dont know what they advise I do know what ordinary poskim and at least one whom I would categorize as Gedolei Haposkim advise.
At any rate even if Gedolei haposkim protest, this cleary is an accepted practice among frumma yidden, thus making it an example of a mitzvah not (fully) kept)