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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
The mishna (Bava Metzia 81b) says that if one asks his friend to watch something for him and the latter says, "place it before me," he is a shomer chinam (an unpaid watchman). The gemara says that acceptance of being a shomer obligates him. Tosafot (ibid. 89a) says that the obligation is not dependent on there having been a kinyan. As opposed to the Rambam, they posit that kinyan is relevant only regarding backing out. According to the Rambam, the gemara must be discussing a case where the object was in the shomer’s domain, a situation which is itself a kinyan (chatzer) when he accepted the shemira. The Ran cites a compromise opinion. Regarding a borrower and a renter, who have rights in the object which require a kinyan, their obligations are also dependent on it. Regarding a simple shomer, where kinyan is not naturally relevant, the obligations begin when he accepts to watch the object. The Ran himself feels that regarding a paid shomer, the kinyan is significant as it represents the beginning of the work for which he is paid and thus becomes responsible too. Conceptually, both opinions in the Ran are like Tosafot, just that the kinyan becomes a significant indicators if it creates new rights.
One can ask, according to Tosafot: what actually obligates the shomer before a kinyan, which is usually that which creates monetary consequences? The K’tzot Hachoshen (307:1) says that a shomer is like a worker, in regard to whom the beginning of the work is the time that the mutual obligations and rights begin. This is not simple for two reasons: he admits that according to the Ran, it is kinyan, not the beginning of work, that begins the consequences; it is not clear that a shomer chinam is a worker.
The stronger explanation seems to be along the lines of arev (a guarantor). The gemara (end of Bava Batra) says that if one is willing to lend money only if there is an arev, the arev becomes obligated by the loan if necessary without a kinyan. Many learn a broad concept from here: one becomes obligated by an assurance he gives someone where the latter acted based on the assurance. This applies in the case of a shomer, as the object’s owner leaves the object based on the shomer’s assurance that he is watching it and will pay if he fails to do so properly.
P'ninat Mishpat (831)
Various Rabbis
105 - A Shomer Who Gave to Another Shomer
106 - The Manner in Which a Shomer Becomes Obligated
107 - Dayanim With Authentic Semicha
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
