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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Furthermore, liens work halachically only when a document is signed by two "kosher" witnesses, an uncommon occurrence these days. Another case where, according to Rav Feinstein, timing does not create precedence is when the struggle for the funds is not between creditors but between stockholders, because stockholders are not classical creditors but partners in the company.
A major difference that exists between Torah law and secular law in this matter is in regard to seizure. According to halacha, if a creditor seizes movable objects for payment of the debt, he may be able to keep them; secular law does not recognize this concept. Rav Feinstein says that in this matter, we are to follow the law of the land based on the Rama (CM 369:11) that the law of the land applies to matters for the benefit of the king or that of the constituency. Rav Feinstein understands this latter ruling broadly, saying that a government cannot allow matters of transactions or debt payment to differ depending on who is involved in the deal. It is in regard to more local matters, such as relations between neighbors, inheritance and the like that there can be different practices for different sub-populations.
Another relevant issue is the Bach’s (CM 96) opinion that one who sold merchandise to the bankrupted person and was not paid is the first person to receive payment. The Tzemach Tzedek (117) says that this was instituted by the "Four Lands’ Council" and applies only where it was accepted. The Chatam Sofer (CM 55) says that it was instituted only for the wicked who knew when they bought the objects that they could not pay and that even that practice was not in use in his place. We have no indication that it is in practice in Israel. We do see, though, that there is room for instituting new practices in this regard to help the society of the time, which legitimizes present day laws that help affected debtors and creditors.
P'ninat Mishpat (835)
Various Rabbis
105 - Precedence in the Payment of Multiple Debts
106 - Precedence in the Payment of Multiple Debts
107 - Interrogation of Witnesses
Load More
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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
