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Beit Midrash
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The Shulchan Aruch (Choshen Mishpat 61:13; ibid. 68:2; ibid. 45:3) and the Rama (Even Haezer 66:13) say that one is obligated by all that is written in a document signed by witnesses because witnesses would not sign if they did not see that the parties were aware of what was written in the document. The Rashba is cited as the source of this ruling, which is not a simple claim, as we will see by surveying some of his responsa, starting with the major one cited:
1) An ignorant husband said he did not understand one of the conditions in his wife’s ketuba. The Rashba quotes Rabbi Meir as saying we accept the husband’s claim. The Rashba did not like that position, as we can assume that the witnesses knew that he agreed and because according to Rabbi Meir, any agreement is vulnerable to being deemed worthless if it involves a party who can claim he is too ignorant to understand. The Rashba concludes the responsum by saying: "What can I do, for the elder (Rabbi Meir) has already ruled." The Beit Yosef (EH 66) objects to the Rashba’s humility and accepts his stated position.
2) Regarding a ketuba that limited the boundaries of a field set aside for a wife, the Rashba says that it is clear that a bride does not pay attention to the provisions of a ketuba but relies on others.
3) Repeats his thesis in opposition to Rabbi Meir’s ruling.
4) Certainly in a case where one relies on others and signs himself on a document he did not read, we say that he accepted upon himself everything that was written there.
#4 adds something new, almost opposite from the other responsa. The possibility that a party did not understand does not exempt him, as signing without knowledge is itself an acceptance of whatever might happen to be written.
There are different conjectures among the Acharonim as to whether the Rashba changed his mind and which of his positions is the final one. The Knesset Hagedola, though, suggests distinctions to reconcile the various responsa: 1. One cannot deny the validity of a major provision of a document but can do so regarding a relative detail. 2. Only in the case of a bride, where the circumstances lead to the assumption that she was unaware, would we believe that the document does not obligate.
In our case, neither of the limiting factors applies, as we are discussing a significant matter under normal circumstances. Furthermore, in a case where a person signs himself (as opposed to witnesses), the matter is even more binding (Shut Rav B. Ashkenazi 24).
There are rulings of dayanim and logic to confirm the approach that written obligations are binding as is, except in extreme cases, i.e., a case where the person who signed clearly did not know all the details included and it is illogical that he would agree to its conditions.
P'ninat Mishpat (829)
Various Rabbis
261 - Sharing in Building Expenses When One Did Not Directly Benefit – part II
262 - Claim of Not Understanding a Provision of a Signed Document
263 - “Balancing Payments”
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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.
