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Beit Midrash
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- P'ninat Mishpat
Case: Reuven wrote a will in which he granted many gifts "for the benefit of his soul" to different needy recipients. He used the system of a gift of a healthy person that begins at the time it is granted and is completed after death. The will said that he performed a kinyan to finalize the gifts. The two signed witnesses are pasul to be witnesses for the will (one is Reuven’s relative, and one has an interest in the fulfillment of the will). On the other hand, the language of the will is that Reuven accepts the witnesses as kosher to effectively perform thekinyan and that anyone’s attempt to disqualify the document should be null. Reuven is signed on the will above the witnesses’ signatures.
Ruling: The querying rabbi suggested that Reuven’s signature affixed to the provisions of the will should be considered accepting upon himself unfit witnesses counting to obligate him as kosher ones (see Shulchan Aruch, Choshen Mishpat 22:1). Although accepting two different disqualifications could be seen as making double allowances for witnesses (classically, one pasul witness in place of two kosher ones), which usually does not work (Rama ad loc.), here it may not be considered two allowances. Additionally, the problem is overcome by making a kinyan, and according to some, even the party’s signature attesting to the kinyan suffices.
P'ninat Mishpat (829)
Various Rabbis
327 - Buying Looted Seforim from the Slovakians
328 - A Document with Unfit Witnesses and the Party’s Signature
329 - Rabbinic Ban to Protect Jewish Publishers
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Secondly, Reuven’s acceptance would work only if Reuven were a litigant who was trying to get out of payment. In this case, Reuven is dead, and the litigants are Reuven’s inheritors, who raised questions about the authenticity of the will. The Shulchan Aruch (CM 108:18) says that if one accepts to make payment of a debt from more desirable than necessary property, it is binding only on him and not on his inheritors unless he obligated them explicitly. In this case, there was no such provision.
Therefore, the inheritors do not have to accept the validity of the will.
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
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.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
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.
