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Assuming it cannot be determined what Reuven’s intention was, does the fact that the bonds list Chanoch and that the bank is willing to release the money only to him make him muchzak (the possessor out of whose hands one needs proof to extract)? In general that which is known to have been owned by a deceased person is considered muchzak by all the inheritors even if practically it is under the control of one of them. Regarding the fact that it is in Chanoch’s name, we find that under certain circumstances, documents in the name of one inheritor are assumed to be their own and in others cases not (see Bava Batra 52a; Choshen Mishpat 62). However, we see from the discussion that it depends on the likelihood that it is that brother’s own money. We do not say that the fact that it is in his name makes him muchzak. Rather we see from Bava Batra 36a that muchzak applies to those objects that a person normally would control only if it is his.
Even if we were to assume that Reuven intended that specifically Chanoch would receive the bonds’ payment after Reuven’s death, it is not clear that he employed the necessary mechanism to make that possible. It is agreed that during Reuven’s lifetime, he wanted to have sole rights to the money. Regarding a present that one wants to take effect after death, we say that one is not able to give a present after his death. Only when the present is given when the giver is on his deathbed do we employ a special institution of matnat shchiv mei’ra, whereas in this case, the bonds were bought when Reuven was healthy. While it is possible for one to give a present that begins immediately and is completed after death, there is no indication that Reuven did that in this case.
Apparently also the money due to one by means of a loan contract is transferred to another only if he gave over the contract to the recipient in writing and by also handing over the contract. In this case, where Chanoch admitted that he did not even know his name was listed, such a transfer of the bonds obviously never happened.
Therefore, it is my belief that the money should be divided as inheritance between the brothers. Since it is difficult to rule definitively on such matters, it is proper that they arrive at some sort of compromise.
P'ninat Mishpat (829)
Various Rabbis
297 - Replacing a Problematic
298 - Bonds with One Son Listed as a Recipient
299 - Responsibility for a Missing Diamond
Load More
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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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.
