Whether a Father Can Bequeath an Oral Loan Through Hanchala

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

Rabbi Akiva Eiger questioned whether a father distributing his estate can bequeath an oral loan from a non-Jew, which cannot be transferred as a matnas bri. The Chasam Sofer argues that hanchala is a form of yerusha mammash, whose scope is determined by what is subject to automatic inheritance rather than by the rules of kinyan gifts. Since sons automatically inherit their father's loan claims, a father may bequeath such loans through hanchala, defending the ruling of the Gaon AH"G while acknowledging the question is not fully resolved.

Source: Shu"t Chasam Sofer CM §150

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