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Beit Midrash
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- Chemdat Yamim
- 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 (832)
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.
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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
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: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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.
