YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
[Reuven claimed that Shimon owed Reuven’s father 800 rubles, as Reuven’s father announced in front of two witnesses, and now that Reuven’s father has died, Reuven is to receive the money. Shimon said that he owes only 300 rubles, and that he had informed Reuven of this fact during his father’s lifetime. In fact, said Shimon, if Reuven will accept a cherem denying that Shimon had told Reuven as above, he (Shimon) would pay the entire 800 rubles. They signed a document confirming the challenge and strengthened it with a kinyan sudar. The question is whether this arrangement is binding, as Shimon now wants to get out of it. The local rav/dayan posited that since a cherem is basically a form of oath, one cannot create a binding cherem on a claim that does not have intrinsic significance. Specifically, even if Reuven were to admit that Shimon had denied the oath during his father’s life, that would not have exempted Shimon from paying (there was no claim that Reuven or his father had admitted that Shimon was correct). Therefore, giving credence to such a cherem is "making a condition that contradicts the Torah" law of not making valueless oaths. The local rav asked the author of Beit Yitzchak for his opinion on the matter.]
The fact that the cherem is on a point that does not have a natural impact on the case is not relevant. A sh’vuat shav (a frivolous oath), which is forbidden, exists in cases where the oath is trivial because the subject is obvious, not because it does not include a legal ramification (see Rambam, Sh’vuot 1). It is true that dayanim would never have instituted the cherem as Shimon did, but if Shimon proposed it, it is not forbidden for him to accept the cherem. Therefore, a monetary condition that is dependent on it need not be invalid.
The question is whether the conditional self-obligation Shimon accepted is an asmachta (an exceptional conditional obligation that one accepts because he does not expect the situation will transpire). One thing that makes the obligation binding is that Shimon handed over the money to a third party to be given if and when the cherem is accepted. Furthermore, this is not a full asmachta, a concept that the Ramban promotes regarding one who accepts to pay based on the testimony of a relative of one of the litigants. The Ramban says that while this acceptance contains elements of asmachta, which make a kinyan necessary, this limitation can be overcome by a regular kinyan sudar because it is not a full asmachta. The same is true in this case [where it is not a full asmachta because they just alter the rules by whose means a dispute will be decided].
P'ninat Mishpat (832)
Various Rabbis
293 - Beit Yitchak – Rav Yitzchak Shmelkes
294 - Commitment to Pay in Exchange for a Cherem
295 - Disqualifying the Sale of Public Property
Load More
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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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.
