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- P'ninat Mishpat
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 (835)
Various Rabbis
262 - Authority to Rule Based on Convicton
263 - Looking for a Flaw
264 - Rights to Make Changes in a Walkway
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: Undoing a Problematic Partnership – part II
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 I
based on ruling 84013 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
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
