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Beit Midrash
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[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 (829)
Various Rabbis
293 - Beit Yitchak – Rav Yitzchak Shmelkes
294 - Commitment to Pay in Exchange for a Cherem
295 - Disqualifying the Sale of Public Property
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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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
