YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
There is also a machloket regarding the Shulchan Aruch’s approach to the matter. The Shach (306:12) cites the Maharam as saying that only in the case of an inexperienced advisor does the Rif say that the reliance must be spelled out, whereas an expert should have understood he was being relied upon. While the Netivot Hamishpat (ad loc. 12) finds this logical, the Shach was bothered because the expert is always less culpable than the non-expert. Regarding the person who advised lending money to an irresponsible borrower, the Rama does not mention the need for spelling out reliance, but it might be talking about a case where that dependence can be ascertained (Shach).
We have seen so far that whether the advisor was a novice in the field or was an expert who got paid and gave bad advice, he would have to pay. In the case of the Heftzibah investments, let us take as examples, cases where the advisors were rabbis. Rabbis are for the most part novices regarding financial matters, and thus would seem to be liable even though they gave advice for free. However, a beit din who would judge such a suit would have to determine on a case by case basis whether it was made clear that the homeowner was relying on the rabbi’s advice. The likelihood of obligation would be higher in segments of society where the rebbe’s advice is usually accepted in a close to absolute manner [ed. note - one would imagine that the likelihood of a suit regarding such a relationship is remote.]. According to the aforementioned Maharam, in regard to relying on the advice, the novice rabbi would be like an expert regarding the lack of a need to clarify dependence. In a case where the advisor was involved in the promotion of the project, the Aruch Hashulchan (CM 129:3) says that he would be obligated even without stipulation of dependence.
These halachot teach us to what extent one upon whom people rely has to be careful before giving advice. As the mishna says: "Avtalyon says: Wise men, be careful in your words, lest you have to go to exile and you will be exiled to a place with bad water, and the students who follow you will drink the water and die, which would cause the name of Heaven to be defamed" (Avot 1:11).
P'ninat Mishpat (829)
Various Rabbis
137 - Interrogation of Witnesses
138 - Culpability for Bad Financial Advice
139 - Laws of Witnesses
Load More
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
