YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
[Reuven, Shimon, and Levi acted as partners to incrementally buy forests from the local nobleman in exchange for a certain amount of prepared wood. At some point, Shimon wanted to end his participation in the partnership. Reuven made complicated financial assurances to Levi to encourage him to jointly buy Shimon’s share. When Shimon put pressure on Levi to immediately give the money due from the buyout, Levi begged Reuven to make the payment, in exchange for which he would relinquish rights in the partnership. Reuven paid and set terms under which Levi could rejoin the partnership. It turned out that Reuven, who was the active partner, had withheld pertinent information from Levi about the partnership’s assets and profits. Levi now wants to cancel his mechilla (relinquishing of rights), whereas Reuven says that he cannot undo what was done.]
For a few reasons, Levi has not lost his part in the partnership. First, since the partnership was owned by both Reuven and Levi, mechilla is insufficient, but rather a kinyan is needed (see Choshen Mishpat 199 and S’ma 315:2). Mechilla is effective for rights to debts and other less concrete rights, not to ownership. Second, since Levi was not made aware of important information that would have discouraged him from such mechilla, the mechilla would be invalid due to its being b’taut (misinformed).
A third reason why the mechilla was not effective is that according to some poskim (see S’ma 12:21) oral mechilla without an act of kinyan does not work when the rights are recorded in a document on behalf of the one who ostensibly relinquished them. In this case, the contract with the nobleman, which Levi possesses, includes his name. Although the Shach (241:4) says that a document does not preclude oral mechilla, since there is doubt in the matter, Levi continues his rights due to the status quo.
We will discuss the latter idea a little more, based on the teaching of Rav Chayim Kohen, whose yahrtzeit is today [the day the responsum was written]. The reason that mechilla may not work when there is a document is that if the mechilla were indeed final, the mochel would not keep after that point a document that confirms his rights. If so, there are various cases where this logic and thus the halacha does not apply. In the case of a receipt which seems to include mechilla but the mochel holds the original document, the mechilla is valid because the whole point of a receipt is to deal with cases where the document cannot be returned, e.g., when the document is not found.
The gemara (Ketubot 104a) says that when a woman has not claimed her ketuba for 25 years, we assume there was mechilla, and this is even if she still has the document. The reason for this is that the passage of so much time is considered convincing evidence that there has been complete mechilla, in which case the existence of a document which just raises questions about the validity of the mechilla is ignored, and we continue to assume mechilla.
Based on all the reasons stated above, Levi can continue as a partner [if he fulfills the obligations this would entail].
P'ninat Mishpat (832)
Various Rabbis
313 - Inferences from Records of Past Testimony
314 - Relinquishing Rights to a Partnership
315 - Relinquishing Rights to a Partnership Deciphering an Unclear Provision in a Will
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
