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The Rambam and Tur disagree whether when one made a shaliach and then became a shoteh (mentally incompetent), the shaliach can at that point, fundamentally, continue the process on his own (Rambam) or not (Tur). The Ohr Sameiach explains that the root of the machloket is the question whether when one makes a shaliach, the shaliach just performs the physical actions in place of the affected party or whether the shaliach takes on the status of one who is personally in charge of the matter (Rambam). The K’tzot Hachoshen (188:2) and Rabbi Akiva Eiger (EH 121:3) seem to take that approach in the Rambam’s opinion as well. One can claim that our question of whether the husband can delay or make conditions on the shalaich’s activities depends on that same machloket. However, there are other explanations of the machloket. Rav Shmuel Razovsky says that the question is whether a shoteh is fundamentally unable to divorce or whether there is just a technical problem that can be overcome with the shaliach’s help.
Rav Frank elucidates on an apparent machloket among Rishonim whether the husband’s saying "Do not give the get" is considered an undoing of the agency (Rashba) or at least a temporary suspension of his ability to give the get. The Noda B’Yehuda (EH, II, 127) says that a husband cannot make a new condition in the get after giving it to a shaliach, although he can say that if such and such does not happen he is hereby nullifying the get (see Shem Aryeh 100). It does appear that even if saying "Do not give the get" is not a formal nullification of the get or the agency, if he tells the shaliach to his face not to give the get he may not do so (based on Tosafot, Kiddushin 59b). The Kovetz Ha’arot does explain that a shaliach can only give the get when he does so according to the continued desire of the husband to do so. However, there are strong indications (including based on the Ritva) that once one officially makes a shaliach, he no longer needs to know that the husband wants it given unless there has been at least a semi-formal nullification. However, according to the Rashba, saying "Do not give it," if not a full nullification, is at least a semi-formal suspension of the process and therefore the get should not be given at this time.
P'ninat Mishpat (832)
Various Rabbis
169 - Forcing Someone With a Rare Blood Type to Donate
170 - Conditions on a Get After it Was Given to an Agent
171 - Use of Harchaka D’Rabbeinu Tam
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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)
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.
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(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.
