Bava Batra 133: Giving Gifts Instead of Inheritance: What Does It Really Mean and How Bad Is it?
More on Rabbi Yehudah ben Berkoka's position, with the property being established as an inheritance vs. as a gift. But what is the real difference? Why would it be preferable to inherit, as compared to receive a gift? For starters, the heirs need to support the widow of the benefactor, which is not the case for the recipients of gifts. Also, a new mishnah! What happens when a person really does give his property away and his rightful heirs get nothing? The majority view frowns upon such a decision, though it would take effect. Rabban Shimon ben Gamliel explains that there are circumstances, say, with an heir who is not behaving well, where circumventing the inheritance laws would be considered the right move. The Gemara provides a story that illustrates what the rabbis of the majority view think of Rabban Shimon ben Gamliel's caveat.