YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Ein Ayah
[The rabbi who asked the question wanted to prove from the gemara’s discussion regarding chezkat habatim (the assumed ownership of one who has occupied a property for three years) that unspoken mechila is valid. Rava explains (Bava Batra 29a) that up to but not including three years, we may assume that the owner was mochel use of his field and eating of its produce. The gemara asks that this assumption is contradicted by the halacha that if the owner protests within three years, he receives back the produce that was harvested. While the gemara rejects the involvement of mechila in chezkat habatim, it seems to accept the possibility that mechila could have been effective, even though there was no spoken mechila. (A technical analysis of the sugya in Bava Batra ensues.)]
In any case, it is clear from several sugyot that unspoken mechila is effective [and we will mention a few.] If one blocks the light entering someone’s house and he does not protest, we assume he was mochel, even without a claim that there had been an agreement on the matter (Bava Batra 60a). If one could have made claims of mispricing and a certain amount of time went by during which he did not protest, he is assumed to have been mochel (Bava Metzia 49b). If a widow did not ask for payment of her ketuba over 25 years but received support, she is assumed to have been mochelet the ketuba.
It is worthwhile to investigate whether in a case where one cannot assume mechila but the recipient of the obligation knows he had intention to be mochel, the thought of mechila is effective and morally prevents him from demanding payment. The broad rule that matters of the heart are not significant (Kiddushin 49b) seems to indicate that such thought is not relevant. For example, if one stipulated that his kiddushin is conditional on some factor for his wife’s benefit and the conditions were not fulfilled, the kiddushin is not valid even if she knows that she personally was mochelet the conditions. Similarly one who sold property upon preparing to move to Eretz Yisrael and then ended up not going, who may back out of the sale, may do so even if he did not originally intend to back out. [The Maharit brings several other examples.]
The rule is as follows. When the mechila is something that the average person would be able to assume with confidence, then the mechila is as if it was verbalized even if it was not. Regarding the original example of chezkat habatim, originally the gemara assumed that the reason that the owner did not say anything was mechila, but the gemara eventually says that it is entirely possible that he figured he could leave the person to work and harvest the field and later demand back the produce. Once that is how a beit din would analyze matters, then even if the owner admits that he was mochel the produce, he can demand it back later anyway.
Igrot Hare’aya Excitement over a Friend’s New Newspaper – #319
Date and Place: 4 Menachem Av 5670 (1910), Rechovot
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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
