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 (829)
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: 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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
