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Case: Reuven had lent money to Shimon. Shimon wrote a will in German, which was confirmed in the non-Jewish courts, in which he instructed his survivors in various matters, but he left out his obligation to Reuven. A day before he died, Shimon told his wife in front of valid witnesses that she should pay Reuven. Reuven is concerned that the witnesses will forget this over time. It is a problem to present the testimony before beit din because of the opinion (Shulchan Aruch, Choshen Mishpat 110:9) that beit din cannot accept testimony of an oral will that obligates minor orphans even in front of their legal guardian. Reuven wants to record the testimony in an official manner, in front of a non-Jewish court, so that the information will not be forgotten. Is this a violation of the prohibition on going before non-Jewish courts?
Ruling: The gemara (Gittin 44a) says that if a non-Jew seizes a Jew’s field and the latter is unable to recover it in either Jewish or non-Jewish court, he can receive payment for it and have the matter recorded in the non-Jewish court in order to save his money. Rashi says that this refers only to the signing of a document before the courts, and still special permission is required. On the other hand, Tosafot (ad loc.) demonstrates that there are ample sources permitting signing documents before the courts, and the only issue that required permission there is that the action finalizes the sale. Rashi’s opinion seems difficult and self-contradictory, as in Avoda Zara (13a) he allows using the courts for transactions between a Jew and a non-Jew, with the only issue being the proximity to pagan holidays.
It is therefore clear that the problem Rashi in Gittin was concerned with was selling land in Eretz Yisrael to a non-Jew, which is usually forbidden. Even when it had already been seized, we would think it is forbidden to confirm a non-Jewish court’s sovereignty over land in Eretz Yisrael. This was permitted only to help one whose land was seized.
The gemara (Gittin 8b) makes a special dispensation to allow a Jew to acquire land in Eretz Yisrael from a non-Jew and have a non-Jew make a contract before the non-Jewish court on Shabbat because it only compromises a Rabbinic violation that is twice removed from a Torah prohibition. The gemara discussed only Rabbinic violations of Shabbat and says nothing about the Torah-level law not to go before non-Jewish courts. The reason is that those courts’ involvement in an acquisition of land via contract is permitted, as it is not adjudication. Even the first gemara cited indicates that if the court was helping returnthe land to Jewish control it would have been permitted, and removingland in Eretz Yisrael from Jewish control is what raises the issues.
In the final analysis, it is permitted to have non-Jewish courts formalize the aforementioned testimony, even without formal permission from beit din (with such permission, they may even adjudicate – Choshen Mishpat 26). In this case, one does not give precedence to a non-Jewish court in regard to adjudication. The procedure is of a technical nature – to record information. When the orphans grow up, beit din will decide if and how to use the "testimony" as some form of evidence should there be a dispute. However, our expectation is that the orphans will agree to pay their father’s debt from the estate he left, and the information will just help convince them that Reuven’s claim is credible.
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)
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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.
