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Beit Midrash
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Ruling: Should beit din hear the case, given the rule that we do not extract payment from orphans who are under bar mitzva unless testimony was accepted during the father’s lifetime and the time had not come to have paid (Shulchan Aruch, Choshen Mishpat 108:3)? A check is a clear sign that the obligation has not been paid, and writing one is a form of giving believability that this is the case. On the other hand, maybe this is like a will, which the Shulchan Aruch says needs to be confirmed in front of the inheritors, for which a minor does not count. Beit din can hear the case for two reasons: 1) Beit din appointed a guardian to represent def. 2) If the children gain if the debt is paid earlier or lose if it is delayed, a case can be held, and here beit din has reason to be afraid that pl will stalk def until the matter is resolved.
Authenticating the checks’ signatures can be done by comparing the signature to other checks the deceased signed. Here the matter is stronger since the signatures are found on checks possessed only by the deceased.
As opposed to a loan contract, which mentions that the sum of money is an obligation, a check can be for a present as well. A present given by check is not binding until the check is cashed, as a check is only an instruction to the bank to transfer money until told otherwise. While the deceased’s obligations can be paid from property he left to def, the promise of a present cannot. On the other hand, it would be illogical for the deceased to have given such a large gift to someone not closely connected to him. In fact, the sources that allow one to claim that something was done for free apply only when one explicitly makes such a claim or in regard to cases where the scenario makes sense.
Usually we look at a signature as admission of the one who signed that that which is written above is true. However, in this case, the deceased signed a check without a monetary sum. On the other hand, since banks accept such checks when they are filled in later, there is an element of admission that whatever the recipient writes is correct. [The sources on this matter are beyond our scope.] However, that is a more cogent claim during the deceased’s lifetime, but after his death, when no one can contradict pl if he fabricates a high sum, it is hard to convince us that deceased owed him so much money.
Beit din employed a compromise of paying $10,000 instead of the checks’ face values.
P'ninat Mishpat (831)
Various Rabbis
185 - A Sales Contract Signed by Only One Spouse
186 - Accepting Open Checks Signed by Someone Now Deceased
187 - Compensating for an Overpriced Car
Load More
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
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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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)
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)
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.
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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
