YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: It is possible to read the ketuba in a manner that there is a linkage between his receiving part of the apartment and his obligation for the large ketuba, but that is not clear. Normally we say that he who needs the document to obtain money has to prove that the language is to be read as proves his case. However, here it is different because def’s obligation to her definitely took effect, and the question is only whether he paid it off, which he needs to prove. Even when one who owes money has witnesses that he gave money to the creditor but did not know in what context, he can claim that it was for another debt upon which there is no contract (Choshen Mishpat 58). Therefore, we accept pl’s claim that the full obligation in the ketuba is unconditional, and def needs to bring proof that he gave her something as payment.
In general, a document that has more than one blank line before the signatures is an invalid document because its holder can add a line with whatever he wants (Shulchan Aruch, CM 45:6). However, the situation is different when the couple leaves a copy of the ketuba at the Rabbanut offices. Although we are of the opinion that one cannot use that ketuba to extract payment, that is because the wife may have already received payment with the main ketuba. However, it can be used to prove that the content of the main ketuba is not a forgery since no one has access to the Rabbanut ketuba. Additionally, that which one cannot use a document which leaves room for forging is to extract money from those who bought property from the debtor. However, one can extract payment from the debtor (ibid. 7). While the debtor can claim in such a case that he already paid (ibid.) that is only if there is question whether there was an act of payment. However, over here, when everyone agrees about the obligation and there is only a question whether to consider the return of ownership to pl as payment of the ketuba, the problem with the ketuba is not important. It is also difficult to claim that a ketuba was already paid because a ketuba is meant to be paid only after the marriage is dissolved (by divorce or the husband’s death), and one needs proof that he paid a debt early (Bava Batra 5a).
P'ninat Mishpat (829)
Various Rabbis
189 - Compensating for an Overpriced Car
190 - Collecting from an Improperly Written Ketuba
191 - The Ability to Freeze a Divorce Settlement
Load More
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
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.
