YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling:First we must decide the halacha assuming pl’s claim is accurate.
The expectation was that def would raise money from others rather than donate it from his pocket. Even so, if pl expended money based on def’s pledge to cover expenses, def would be obligated to get the money one way or the other. This is true even though def was not the recipient of the benefit, as one who hired someone to do work for his friend has to pay (Bava Metzia 118b). The Rashba (ad loc.) says that the obligation is based on arvut, the concept of a guarantor, who is obligated to pay the lender for money someone else received. Another possible legal construct for obligation is damage payments (see Shulchan Aruch Choshen Mishpat 333:8), but this seems to be the subject of a machloket between the Rambam and the Ra’avad (Z’chiyah 6:24), and it is unclear whether money can be extracted based upon it. Rabbi Akiva Eiger (I:134) says that all agree to damage payment if one explicitly requested of another to do something, although the Maharsham (VI:198) disagrees with that assumption. In this case, the fact that def had an interest in the service being provided to the community in question strengthens the logic for payment.
On the other hand, there is reason to exempt def even if he requested pl to provide the service, based on the concept of meshateh ani becha ("I was not serious with you"). One of the cases where this may apply is when one asserts he will pay a person whom he feels should be doing it for free. One example is when a father-in-law tells his son-in-law who is not spending money on their son/grandson’s education despite having means to do so (Rama, CM 81:1; 336:1). The reason is that the father should be paying for his son’s education, and the offer to pay could be an empty promise to try to get the other to do the right thing. In our case, pl usually provides their service for free, and therefore def could be seen as trying to get them to provide the same service for another worthy recipient, and def might not be serious about obligating himself firmly. However, we reject this claim considering that pl is not obligated to provide services to anyone specific. Therefore, def cannot have them do so for the recipient based on a hollow promise.
P'ninat Mishpat (832)
Various Rabbis
253 - Aborted Rental
254 - A Promise to Donate? – part I
255 - Haste Makes Waste
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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
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.
