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Likutay Halachos – Choshen Mishpat II – Nachalos, Halacha 1

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A ger who died and has no heirs — whoever comes first to his property acquires it.

According to what is explained in the discourse beginning “Tik’u” which discusses emunah, in Likutay Tinyana, siman 5. And it is stated there that through the ish tevunos [man of understanding], one merits emunah. And the ish tevunos is one who burnishes his soul — and this is accomplished through drawing spiritual divinity into constrictions [tzimtzumim] and bodies. For through drawing spiritual divinity into constrictions — that is, the joining of soul and body — through this, sustenance is drawn, etc.; see there. And the sustenance of the tzaddik is the aspect of “the tzaddik eats to the satisfaction of his soul” (Proverbs 13:25), the aspect of “and He shall satisfy in brilliant lights your soul” (Isaiah 58:11). And therefore, through drawing spiritual divinity into constrictions and bodies, through which one merits sustenance — through this one burnishes his soul in the aspect of “and He shall satisfy in brilliant lights your soul.” And then he is the aspect of the ish tevunos, and then he can reveal the holy emunah, etc., as is explained there — see all of this there well. And through elevating the fallen emunah, through this, geirim are made, etc. — see there. And to connect the matter somewhat — it is precisely through elevating and repairing the fallen emunah, through the ish tevunos (that is, through drawing spiritual divinity into constrictions) — precisely through this, geirim are made. For in truth, the drawing of spiritual divinity into constrictions, which is the joining of soul and body — this is the aspect of holadah [birth/begetting]. And the essential birth that the tzaddikim produce is the souls of the geirim — for the tzaddikim birth the souls of the geirim, in the aspect of “and the souls they made in Charan” (Genesis 12:5), as is explained in the holy books. And this is the aspect of drawing spiritual divinity into constrictions. And therefore, precisely through this, geirim are made afterwards, as is explained there in the discourse mentioned above. And therefore the inheritance of the ger belongs to all Israel, and whoever comes first acquires it. For the matter of inheritance is explained according to the above — that the essential inheritance, whereby one acquires the estate of the deceased, is in order to repair the soul of the deceased, in the aspect of “to establish the name of the dead upon his inheritance” (Ruth 4:5). For the essential inheritance is drawn from the aspect of drawing spiritual divinity into constrictions, through which one merits sustenance — namely, inheritance and wealth. And through the sustenance and inheritance, one merits the aspect of “and He shall satisfy in brilliant lights,” as above. And when one departs, the essential purpose for him is that he merit the aspect of the tzachtzachos [brilliant lights] mentioned above, to burnish his soul and his neshamah in the aspect of “and He shall satisfy in brilliant lights your soul.” And each person merits this according to what he strove during his life to draw spiritual divinity into constrictions — through which one merits these tzachtzachos, as above. For this is the totality of all the Torah and mitzvos: the totality of all the Torah and mitzvos is in order to draw spiritual divinity into constrictions, in order to reveal His divinity, may He be blessed, in the world. For no thought grasps Him at all — only through the Torah and mitzvos are constrictions made to reveal His divinity in the world. And through every single mitzvah that one performs, one draws His spiritual divinity into the aspect of constriction, in order to reveal His divinity in the world. And therefore, through the mitzvos — which are the aspect of constrictions for His divinity, may He be blessed, the aspect of drawing spiritual divinity into constrictions — through this one merits the tzachtzachos mentioned above, as above. And the essential aspect of this — the aspect of drawing spiritual divinity into constrictions — is accomplished through holadah, through meriting worthy children. For the children that one begets — this is the essential aspect of drawing spiritual divinity into constrictions, namely the joining of soul and body. And therefore, after one’s departure, it is impossible for him to ascend to appear before the King except through having merited to leave behind children in this world. For it is impossible for him to ascend and take delight in the lights of the tzachtzachos mentioned above except through levushim [garments] to clothe his soul, as is known. And the garments are made through the mitzvos and good deeds he accumulated during his life, which are the aspect of constrictions, as above — the aspect of garments. And therefore he must leave behind children — for the children are the essential aspect mentioned above, the aspect of drawing spiritual divinity into constrictions, as above. And through leaving his children behind him, through this he has garments to clothe his soul, as is brought. For the essential garments are made through the aspect of drawing spiritual divinity into constrictions, which is the aspect of garments — and this is accomplished through the worthy children one begets, who are the joining of soul and body, the aspect of the connection of spiritual divinity with the constriction and body, as above. And therefore one merits to be clothed in garments, the aspect of constrictions, as above — and through this one merits the aspect of tzachtzachos, the aspect of “and He shall satisfy in brilliant lights your soul.” For this one merits precisely through the aspect of drawing spiritual divinity into constrictions, which is the aspect of children, as above. And therefore the children — who are the aspect of drawing spiritual divinity into constrictions, as above, through whom one merits inheritance and sustenance, and through this one merits the tzachtzachos, as above — they are the ones who acquire the inheritance. For the inheritance, namely the sustenance, belongs to them — for they themselves are the aspect of drawing spiritual divinity, etc., through which one merits inheritance, as above. And therefore the inheritance belongs to them. And through their receiving the inheritance of the deceased, through this the soul of the deceased can be repaired. For the inheritance is drawn from the aspect of drawing spiritual divinity into constrictions, which is the aspect of garments — and therefore through the inheritance drawn from there, one can clothe through it the soul of the deceased, so that he can ascend and be clothed and merit the aspect of the tzachtzachos mentioned above. For through the inheritance, namely sustenance and wealth, through this one merits the aspect of the tzachtzachos, as above. And therefore his children elevate his soul to the aspect of the tzachtzachos through his inheritance specifically, in the aspect of “to establish the name of the dead upon his inheritance” specifically, as above. For the name is the soul. And when one does not merit children, G–d forbid, then the inheritance reverts to its lodging-place — namely, to the members of his family. And the father takes precedence over all who descend from him, for he [the deceased] was drawn from there [from his father]. And the principle is: the essential inheritance is drawn to the place from which the spiritual divinity was drawn into constrictions — for from there is the root of the inheritance and sustenance, as above. And therefore the essential inheritance goes to his children and his children’s children, etc. — for this is the essential thing: that spiritual divinity should be drawn into constrictions more and more, from generation to generation, in order that His divinity, may He be blessed, should be revealed in the world more and more each time. And to there the inheritance is drawn — namely, the sustenance, as above. And therefore the essential inheritance goes to the children, as above. But when one did not merit children, G–d forbid, to draw spiritual divinity into constrictions, to draw to them the inheritance — then it must necessarily return to the root from which he himself was drawn. For he himself was drawn from his father, also in the aspect mentioned above, in the aspect of drawing spiritual divinity, etc., as above — and from there is the root of his inheritance, as above. And the essential thing is that it should be drawn onward, further, from generation to generation, as above. But when he did not merit this, then it must necessarily return to the root, to his father from whom he was drawn in the aspect mentioned above, in the aspect of drawing spiritual divinity, etc. — and from there is the root of his inheritance. And now the inheritance returns to the root from which his soul was drawn into his body — from which is the root of the inheritance, as above — and now everything returns to its root. And if his father is no longer alive, it is drawn to his father’s children or his children’s children, who are the aspect of the continuation, the aspect of drawing spiritual divinity, etc. — and to them the inheritance is drawn, for the inheritance pertains specifically to the aspect of drawing spiritual divinity, etc. — namely, to his father, who is the root from which he was drawn, as above, or to his children and descendants who were drawn from him in the aspect mentioned above. And therefore the ger who has no children — his property is ownerless for all Israel, and whoever comes first acquires it. For the essential soul of the ger was drawn from the totality of Israel — for all Israel are called tzaddikim, as it is written: “And your nation are all tzaddikim” (Isaiah 60:21). And they create the souls of the geirim, for they draw spiritual divinity into constrictions, the aspect of the joining of soul and body — which is the aspect of holadah, the aspect of the souls of the geirim that are created through this, as is known. And through this, one merits sustenance, as above. And this is the aspect of: “and all the property that they had acquired, and the souls they had made in Charan” (Genesis 12:5) — for this depends upon that. For through “the souls they had made” — namely, the souls of the geirim, the aspect of drawing spiritual divinity, etc., as above — through this, one merits sustenance and wealth. And therefore the inheritance of the ger belongs to the totality of Israel — for from them are drawn the souls of the geirim, from which the inheritance and sustenance is drawn, as above. And therefore the inheritance reverts to its lodging-place — namely, to the totality of Israel. And whoever comes first acquires it — for from them was drawn the soul of the ger, from which the inheritance is drawn, as above. And through the Jew receiving and acquiring the inheritance of the ger, through this he can repair the soul of the ger. For the inheritance is drawn from the aspect of drawing spiritual divinity into constrictions, which is the aspect of garments — and therefore, through the inheritance drawn from there, one can clothe through it the soul of the deceased, so that he can ascend and take delight in the lights of the tzachtzachos, the aspect of “and He shall satisfy in brilliant lights your soul” — which is the aspect of inheritance, the aspect of “to establish the name of the dead upon his inheritance,” as above. And this is also the aspect of the inheritance of the ger — for he is repaired through the totality of Israel, from which is the root of his soul, as above. And therefore his inheritance belongs to them, as above.

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