DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 692 KB)
Does A Parent Have Rights To The Gifts Given To Thier Minor Children

The story is told of a five year-old girl who received a gold necklace as a gift from her uncle. The father, who had been experiencing financial difficulties, wanted to sell the necklace and use the money to pay his debts and help resolve the family's crisis. The mother, however, protested, arguing that the necklace belonged to the daughter and the father thus had no right to take it from her without her consent.

Dayan Shlomo Cohen addresses this question in his work "Pure Money" (vol. 1, p. 108) and cites in this context a ruling of the Rama (Rabbi Moshe Isserles, Poland, 1525-1572), in his glosses to the Hoshen Mishpat section of the Shulhan Aruch (270:2). The Rama there establishes that so long as a child is supported by his or her parents, anything the child acquires belongs to the parents. Hence, a father of a five year-old child indeed reserves the right to do what he pleases with the gifts received by the child, until the age of Bar-Mitzva. Once the child reaches Bar-Mitzva age, he is capable of owning property and thus the parent has no legal control over the child's belongings.

This Halacha does not apply to stocks purchased specifically for a child, or to a bank account that was opened on a child's name. For example, the question arose regarding a father who opened an account for one of his children and deposited a sum of money in the account each month. After the father's death, the other children demanded that the account be evenly distributed among them, since it was opened in the name of a child, whose money is actually the property of his father. This argument, however, was mistaken; since the father opened the account and deposited the money specifically on behalf of this child, the funds remain on his name and are not distributed evenly among the brothers.

Summary: If a child who is still supported by his parents receives a gift, it essentially belongs to the parents and they may do with it whatever they wish. Once a child reaches Bar-Mitzva, however, he legally owns his belongings and his parents enjoy no rights over them. If a parent deposits money in a child's account or purchases stock in a child's name, the money or stock belongs to the child, even though he is still a minor.

 


Recent Daily Halachot...
Chanukah- May a Traveling Man Light in a Hotel Room?
Chanukah- Shehechiyanu on the Second Night
Hanukah: Lighting When Traveling
Reciting Hallel on Hanukah
Hanukah – Lighting Candles After Minha in an Office; Lighting at Weddings or Other Public Gatherings
Hanukah – Lighting One Hanukah Candle From Another
2 Halachot: Lighting the Hanukah Candles on Friday Night and Where Does One Light the Hanukah Candles if He Goes Away for Shabbat?
The Importance of Lighting Hanukah Candles at the Proper Time
Reciting the Berachot Before Hanukah Candle Lighting; Customs for After Candle Lighting; Positioning the Candles
Hanukah: Do the Ashkenazim Follow the Rambam (How many Menorahs In Each Home by The Ashkenazim)?
Hanukah Candle Lighting in the Synagogue: How Many People Must be Present, and Which Berachot are Recited?
Hanukah Candles – Lighting in the Synagogue
Chanukah – Lighting When Staying Overnight With Parents, or During Overnight Travel
The Proper Time for Lighting Hanukah Candles; Eating and Learning Before Lighting the Hanukah Candles
The Reward for Lighting Hanukah Candles
Page of 239
3585 Halachot found