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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 (825)
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
Load More
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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 III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
