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...
Succot: If the Top of the Etrog Comes Off
Succot-If One Forgot to Recite She’he’hiyanu Before Taking the Lulav
Succot: Owning the Lulav and Etrog on the First Day
Rosh Hashana- Using Material From a Non-Kosher Animal for the Succa Walls
Simhat Torah- Is It Permissible To Hold A Talit Over The Children At The Sefer Torah On Simhat Torah or Is It Considered Boneh
Sukkot – If Somebody Forgot to Recite “She’hehiyanu” Over the Lulab on the First Day
Distributing Charity on Ereb Sukkot
Sukkot – Shaking the Lulab Before Sunrise
Sukkot – Reciting the Beracha of “Lesheb Ba’sukka”
Succot- May One Use a Sukka Made With Impenetrable Sechach?
Is a Snow-Covered Sukka Valid for Use on Sukkot?
Succot- Sleeping/Napping In & Out The Succah
Succot- Supporting the Sechach with Metal; Fixing or Building a Sukka During Sukkot
Sukkot – Basic Halachot for the First Night and When the First Days Fall on Thursday and Friday
Succot- Are the Four Species Considered Muktzeh on Shabbat and the Night of Yom Tov?
Page of 239
3585 Halachot found