YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
It is difficult to dismiss the will based on the assumption that it is forbidden to uproot things from a shul, since it is not clear that this applies to removing movable objects and because not everyone is aware of the halacha that it is forbidden to do so. Regarding the assumption that his foremost interest was the future of his own shul, if it could be preserved, that is not necessarily correct. It is possible that Reuven thought that it is a bigger mitzva or a better memorial for him (considering he died without children) to leave his shul furniture in the main shul.
However, the existence of the witness is significant. It is not a simple question whether the big shul, which is the recipient of the will, or the halachic inheritors are considered muchzakim (in possession until proven otherwise). If the inheritors are muchzakim, then with the one witness, they prevail without the need for an oath. Since a witness creates the obligation of an oath on a defendant, it is certainly able to come in lieu of an oath to exempt the defendant, who is muchzak, from an oath. If the big shul is muchzak, then the witness only obligates them to swear, and in this case, they are exempt from swearing because they are not expected to know what Reuven’s intention was. However, it seems clear that the will does not turn the big shul into a muchzak. Since property is always assumed to go to its inheritor until proven otherwise, it would seem that the inheritors are muchzakim.
It is also possible that Reuven was not even considered the owner of the shul furniture, but that it belonged to tzedaka, and Reuven’s rights to control the property are not the type of thing that can be transferred to an inheritor or given to the big shul after his death. If that is the case, which is probable, then the furniture would stay where it is in the small shul.
Another claim to nullify the will’s validity is that it was done only through the non-Jewish courts and without a proper kinyan. If, as you said, Reuven was a shchiv meira (on his deathbed) and the document includes mention of death, then it works according to the special rules of matnat shchiv meira and is effective even if done only in the non-Jewish courts.
P'ninat Mishpat (832)
Various Rabbis
285 - The Right to Rent in 16th Century Turkey
286 - A Donation That “Destroys” a Shul
287 - Mechila that May Be Lacking
Load More
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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.
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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
