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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 (831)
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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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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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)
Rabbis in Midrash
Lessons
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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)
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)
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
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
