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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 (832)
Various Rabbis
131 - Precedence in the Payment of Multiple Debts
132 - Precedence in the Payment of Multiple Debts
133 - Interrogation of Witnesses
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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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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.
