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Beit Midrash
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(We will deal with different elements of this case next week.)
Regarding the husband’s responsibility, there is a situation known as a wife who is involved in the financial activity of the home. The Rama (Choshen Mishpat 96:6) says that while there is an opinion that the husband is obligated for the debts created by his wife who is active in the finances of the home, the halacha is like the one who says the husband is not obligated. The Shach (ad loc. 9), though, argues convincingly at length that a husband is obligated for such a wife’s activities. In any case, when the common practice in society is that wives not only get involved in financial dealings but are generally authorized by their husbands to create obligations for them, the Rama agrees that this is binding on the husband. While the Minchat Yaakov argues on the Shach, his arguments are not convincing and, in any case, should not stand against the common practice, as the Tumim points out. Therefore, the husband is obligated not only in the principal but potentially even in the profit payments.
The Chut Hashani (Shut 43) talks of a woman who accepted to become a guarantor for a loan from which she also benefited. He rules that she becomes obligated as a guarantor even if her husband was unaware of this activity. The Beit Shmuel (102:8) says that when she is a financially active woman and the money also goes through her hands, she becomes a guarantor. He continues that if the funds also went through her husband’s hands, he also becomes a guarantor even according to the Rama (above) because the Rama was talking about a case where the money did not get to him.
Based on the Beit Meir (ad loc.), we should explain that if the husband and wife work jointly with the money, then when she is given money to which he also obtains access, the two are considered partners in it. If one demands from the husband the return of money given to the wife, the husband can be forced to pay only if he admits or it can be proven that the money made it to him. Otherwise, he is not always liable, although in some cases there is a takanat hashuk, based on which we assume the husband did become responsible.
In this case, one of the factors that contribute to the assumption that the wife was authorized to obligate the two spouses in the loan is the fact that he was away for an extended period of time (see Knesset Hagedola, CM 62:8). In that case, even the average wife, who is not very financially active, is assumed to have authority to keep the household or her husband’s business going, which requires such authority.
P'ninat Mishpat (829)
Various Rabbis
319 - Rights of Bar Metzra (Neighbor)
320 - A Husband’s Obligation in His Wife’s Loan
321 - Iska Obligation With the Claim There Weren’t Profits
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
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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.
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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.
