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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 (832)
Various Rabbis
297 - Replacing a Problematic
298 - Bonds with One Son Listed as a Recipient
299 - Responsibility for a Missing Diamond
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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 III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
