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- P'ninat Mishpat
(based on Chelkat Yaakov, Choshen Mishpat 12)
Case: In a certain pre-war Jewish community, there was a time when there was no official chevra kadisha, and when someone died, they would call upon people from the region to carry out the burial preparations. The practice developed that the money the family would pay went to a needy, local Torah institution. The community decided that they needed a set chevra kadisha, which since its formation has been using money from the families to fund its own operations. The Torah institution says that since they are muchzak in proceeds of funeral charges, the chevra kadisha cannot deprive them. [I understand that the needs of the chevra kadisha did not warrant using all the money they receive.]
Ruling: There is a concept of makirim (Gittin 30a), by which one who always gives his donations (of teruma, ma’aser, and ma’aser ani/tzedaka) to a certain person can consider it as if he already gave them even before he did any physical act of giving. The gemara (ibid., see Rashi ad loc.) does imply that the donor can decide not to give to his usual recipient as long as he did not give it even without an act ofkinyan. However, he perpetrates a lack of good faith if he decides not to give (see Tosafot Bava Batra 123b), based on the concept that one who promises a small present must keep the promise. Therefore, since the people who deal with the funerals have given to a certain charity three times (see Taz, Yoreh Deah 10:17), it is improper to discontinue doing so.
Admittedly, the Yerushalmi (Gittin, ch. 3) says that there is no concept of makirin regarding ma’aser ani. However, that is assuming one has the right to decide to which ani he will give. Therefore, in our case, where those who gave to the Torah institution had the authority to give to whom they wanted, makirin would apply. It is also likely that the Yerushalmi said this because one considers the possibility that the poor person will escape poverty or die, two scenarios which limit the period he is expected to receive. In contrast, one cannot treat an institution that serves a whole public as one that is not expected to continue to exist, and makirin applies. In any case, the Rambam (Ma’aser 7:6)paskens that makirin does apply to the poor. Rav Yosef Engel cites a Midrash Tanchuma that applies the pasuk of "do not steal from a poor person" to one who does not continue to support the poor person that he had in the past.
There is logic to say that makirin does not apply because there is no obligation for the donors to receive the money for their service that is slated for the Torah institution. However, this is not true, since the whole concept is based on the concept of the promise of a small present. Since it is natural for a good Jew to want to help in a mitzva, such as supporting a Torah institution, the commitment to do so falls under this category.
It is likely that we cannot apply here the idea that if one is making efforts to receive something, others cannot intervene and take it first (see Rama, Choshen Mishpat 237:1). However, based on the halachaof makirin, the group should be required to continue giving something to the Torah institution, and they should come to a compromise as to how much.
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: Realtor Fee Despite the Buyer’s Refusal?
based on ruling 83117 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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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.
