שכיב מרע

There is a special concept decreed by the חכמים, known as שכיב מרע. This refers to a person who is totally incapacitated, and believes that he is going to die.

In order not to upset the sick person, or שכיב מרע, he was permitted to give a gift merely with oral instructions and the gift was binding.

This gift was meant to go to a friend of this sick individual and not his regular heirs. We record his wishes in a document, which is binding.

The case of שכיב מרע, is similar to a regular יורש, heir, in the sense that the gift is not actually given, unless he dies. If he recovers from the illness, the entire gift is retracted, and the gift remains in his possession.

We wait to see the outcome of the illness. The gift is pending and becomes his, if the שכיב מרע passes away.

In a ירושה case of a regular inheritance, the property of the deceased automatically goes to the next of kin as recorded in the Torah, after the claim of בנות צלפחד.

The Rabbis modeled the unique case of שכיב מרע, according to Torah laws of inheritance.