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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 (829)
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
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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: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
