YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: There are many sources that promote the thesis that when one who is close to the person whose authority is needed for a monetary matter acts to accomplish the matter, we can assume that he does it with their permission and authority. [We will present just a few.]
The Rama (Choshen Mishpat 96:6) cites an opinion that since women are involved in family finances, we treat a wife as an agent of her husband (even in cases where he has sole authority). Although the Rama rules not to extract money based on this opinion, the Shach (ad loc.:9) says that all agree regarding cases where one can assume she acts with her husband’s agreement that her transactions are binding. He continues that this is certainly the case when the husband knows what transpired and does not protest. The important guideline that the Shach provides is that it all depends upon the way the dayan sees it.
In this case, the dayanim view the matter as one that the wife agreed to. The sale took place and was known to her well before the argument of her alleged opposition arose. There was a previous court case, which focused on pl’s dissatisfaction with the mortgage situation, and the wife’s opposition to the sale was not mentioned. One cannot claim that the mortgage difficulties created a mekach ta’ut (a transaction based on mistaken information) because the facts were available, and if the sellers did not research the matter, they cannot void the sale.
Here there is an additional reason to validate the sale and that is the fact that the husband is a full partner in the property. The Shulchan Aruch (CM 122:9) says that one partner can represent the others in court proceedings without explicit authorization, if there is reason to believe that he represents the interests of all of them.
Even if we do not view the initial transaction as having the wife’s acquiescence, the fact that she was quiet afterwards confirms the matter (see Netivot Hamishpat 81:5). Furthermore, even if the contract was done in an invalid manner, subsequently while living in the apartment, the buyer did actions that serve as a kinyan chazaka. Since by that time, the wife certainly was aware and did not protest, the buyer’s actions should create the kinyan if still needed. Even if no one intended these actions to serve as a kinyan, still, according to many opinions, the fact that the kinyan was done within the context of a sale, where both the seller and the buyer are interested in the sale, the kinyan works according to many opinions (see K’tzot Hachoshen 275:4).
P'ninat Mishpat (832)
Various Rabbis
183 - Unclear Language in a Divorce Settlement
184 - A Sales Contract Signed by Only One Spouse
185 - Accepting Open Checks Signed by Someone Now Deceased
Load More
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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
