Will should include tzedakah provision as personal mitzvah rather than leaving for heirs; suggestion of one-fifth of net before full estate evaluation.
By the Grace of G-d
6th of Shevat, 5728
Brooklyn, N.Y.
Mrs. Sarah Rifka Rosenbloom
501W. 120th St.
New York N.Y. 10027
Blessing and Greeting:
I duly received your letter with the enclosed copy of a proposed Will...
May G-d grant that you should have good news to report in all the above.
With blessing,
M. Schneerson
P.S. Inasmuch as you invite my suggestions in regard to the Will, a matter which in this country is an accepted practice to make it early in life, and it is a Segula for long life—I will offer the following suggestions, although I do not, of course, touch upon any of the aspects relating to investments and the commercial handling of the estate, etc.
Firstly, there is in my opinion an omission of an essential point, namely the matter of Tzedoko. To be sure, those who will, after one hundred and twenty years, inherit their share of the estate will, please G-d, make provisions for the distribution of tzedakah of their own good will. Nevertheless it is a personal Mitzvo to provide for Tzedoko rather than to leave it for others to do so, even the closest members of the family. Moreover, the provision for Tzedoko should be one of the first clauses of a Jewish Will.
Needless to say, the amount of Tzedoko provided for in the Will should be according to the generosity of the testator. But if you wish my opinion in this matter, I would suggest that the amount so provided should be שמוח (one fifth) of the net estate, with the proviso that the distribution of the Tzedoko should not be delayed until the whole estate is properly and fully evaluated, but that a proportionate amount of any and all distributions under the Will should automatically be deducted for Tzedoko...
