Meal of Consolation for Children Dependent on Their Father's Table
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Question
Children dependent on their father's table whose brother has passed away, can they partake in the meal of consolation from their father's provisions, or must they eat from others?
Answer
Children for whom the father is not obligated to provide sustenance can eat from his provisions. Therefore, during the father's lifetime, as he is obligated to provide for them until the age of 6, from the age they are obligated in commandments, they can eat from their father's provisions. However, if the father has passed away, and he is obligated to provide for the daughters until they mature or marry, according to the conditions of the Bet Din, only from the age of 12 and a half can they eat from their father's provisions. Before this age, since he is obligated to provide for them, they cannot eat from his provisions, but rather from others.
Source
Shulchan Aruch, Yoreh De'ah, Laws of Mourning, Siman 378, Se'if 2: "One who sustains a poor person or an orphan, or his son and daughter, without condition, and they experience mourning, can partake in the first meal from the householder's provisions." As explained in Ketubot 65: and as ruled by the Shulchan Aruch in Even HaEzer, Siman 71, that a father is not obligated to provide for his sons and daughters except until the age of 6, therefore they can eat from their father's provisions. If the father has died and they are sustained from his estate, since the condition of the Ketubah is that daughters are sustained from their father's estate after his death until they mature or marry, as explained in Even HaEzer, Siman 112, Se'if 1, they cannot eat from his estate until maturity.
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