"The equal division between a person's children is made not only when they are the children of the testator, but also when they are the children of one of the testator's children or of one of his parents, his parents, his brothers, his uncles, etc., who died before the testator [...] (Division according to 'races', stirpes, stem, souch). One of the results of this method is that if the testator had two children and they both died before him, and one left eight children and the other left only one child, the eight grandchildren from one son divide half of the estate between them, and the grandson from the other son receives the entire other half. The legal methods that are adopted, such as our proposal, in the way of representation within the ranks of fathers and their descendants, lead most of them to this result, orthere are some who have criticized it in the literature. In a case where the grandchildren of one son inherit together with another son who is still alive, i.e., in a case where the heirs are of a different degree of kinship than the testator, there are indeed no doubts as to the justification of the said division, but in a case such as the above example, where all the heirs are of equal degree of kinship to the testator, there are those who argue that it would have been better to divide according to the skull [...]. We have chosen the path that is customary in Ottoman law and in many other laws, and it is also the way of Jewish law [...]" (at p. 57).
- Our eyes see, therefore, that the clear intention of the legislator is that the division of the estate among the children of a relative of the testator in each of the franchises, who come in their shoes as heirs of the testator according to Section 14 The law is done according to the "races" method - Sweeping - Including in the case of children of "One of his parents" (His brother of the testator). It should be emphasized that despite the fact that the legislature was aware that as a result of a division in this system, heirs with the same degree of kinship to the testator may inherit from his estate that are not equal, Rejected The position according to which in such a case the testator's estate should be divided equally between them - according to the "skull" method.
[In the margins, it is interesting to note that in the explanatory notes to the proposal The Inheritance Law (Amendment No. 23), 5786-2026, which was placed on the Knesset table for first reading a few months ago, the bill's proponents reiterated the "races" method (whose approach reflects the current legal situation), and explained that the testator's brother from one parent will inherit less than the testator's brother from two parents; This, according to them, since the sibling from the same parent comes only in the shoes of the parent who shares it and the testator (see: Explanatory notes to the Inheritance Bill (Amendment No. 23), 5786-2026, Government Bill 1150,1160)].