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Ruling : In addition to the kinyan sudar, which does not work in the future, the document serves as a kinyan according to the "practice of society," which is effective even for the future. Def claimed that the document cannot be used as a kinyan because according to one opinion in Bava Metzia 10a, if one intends to use an invalid kinyan (here, sudar), the valid kinyan that also existed does not work due to lack of intention. The context there is of one who wanted to acquire an ownerless item and fell on it, which according to that opinion eliminated the possibility of acquiring it through the kinyan of being within four amot.
Ostensibly, the Rama (Choshen Mishpat 268:1) and the Shach (ad loc.) accept the gemara’s other opinion, and therefore we do not say that the intention for one kinyan disqualifies the other kinyan. It seems that even the Rashba, who does say that the intention for one kinyan disqualifies another, would agree here. We have to understand the logic of disqualifying. Why don’t we say that he wants both kinyanim, and whichever one works should work (see Avnei Miluim 28:37)? There must be a distinction between two kinyanim that take place at the same time, in which case we say that he wants either kinyan to work as there is no contradiction between them, and kinyanim that take place one after the other. In the latter case, we can say that from the fact that he wants the later one to act as a kinyan, he must not intend the earlier one to be binding. In our case, when the document was signed, the kinyan sudar was already completed, and there is no reason to say that he does want the document to serve as a kinyan if the first kinyan, which he had hoped already worked, does not.
In truth, it seems that def’s entire assumption is incorrect. Actually, the kinyan sudar was to be binding immediately, as one can infer from the language of the document. The part that is in the future is not the agreement being binding, but the time until which the actual payments were to be delayed. The rule is that in general we assume that a kinyan is to take effect immediately, when it is effective, and not after time, when it is not (Rama, CM 195:5).
Another reason to validate the obligation is that it received beit din’s confirmation, as requested by the sides. In such a case, it is considered that it the agreement has the power of a compromise ruling of beit din, which would be valid even if it needed to work in the future or there were other problems to overcome.
Finally, it is apparent that the higher than usual obligation def accepted was because he wanted his wife to accept the get. In such a case, we say that she was acting as if she were a worker doing what she was asked to do (here, receiving the get). In such a case, the terms of the agreement of how much she would receive for her actions are binding without the need for any act of kinyan.
P'ninat Mishpat (829)
Various Rabbis
285 - Authority to Rule Based on Convicton
286 - Looking for a Flaw
287 - Rights to Make Changes in a Walkway
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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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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
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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.
