Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The Torah study is dedicatedin the memory of
Chana bat Chaim
Ruling: Despite the open-ended nature of the obligation as stated at the time of the kinyan, there are several reasons to limit it to 500 shekel, as we will explore.
The matter of an open agreement that follows a detailed one has halachic precedent. The Rama (Choshen Mishpat 207:1) says that if one made a conditional agreement and then confirmed the agreement with a contract that omitted the condition, we assume the condition remains. The Gra (ad loc.) says that this is based on the gemara (Ketubot 72b) that says that when one betrothed a woman on condition and then married her without stipulation, the condition applies. Even those who argue do so only because one would not want to have conjugal relations which could turn out to be extra-marital (if the condition is not met). Also there would be at most the need for a get, but the husband would not be obligated monetarily with a ketuba. [Analysis of the gemara and its application had to be omitted.]
P'ninat Mishpat (835)
Various Rabbis
133 - Litigants' Agreement to Special Rules of Adjudication
134 - An Unspecified Obligation Following a Specific One
135 - Steps of the Child of a Woman Who Returned to the Faith
Load More
A further question is how to determine the level of support of an unspecified obligation. The Shulchan Aruch and Rama (Even Haezer 114:6), regarding one who obligated himself to support his step children and subsequently divorced their mother, disagree as to whether one gives minimal support or average support that one gives to members of his household. [While skipping the analysis of comparing the cases,] it appears that here, where def was pressured into the obligation, def could rely on the Shulchan Aruch’s opinion that the obligation is minimal, and it might not exceed 500 shekels.
According to two minority opinions, the obligation is not valid. One is that we follow what one is assumed to be thinking even if he does not spell it out (see Rama, CM 207:4). Also, the Rambam (Mechira 11:16) posits that obligations that don’t have a set monetary limit are not binding.
In summary, based on certain compelling arguments and some weaker ones, def is not obligated in child support beyond the 500 shekel a month he accepted in the signed agreement.
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 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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
