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Case: Reuven, a rich man on his deathbed, had a will made, which included creating a tzedaka fund. Afterward, his brother-in-law Shimon reminded him that some of his relatives are poor, especially one of Reuven’s brothers. Shimon wrote down, with permission, sums of money to be put aside for these relatives from the tzedaka funds (four gold coins a week), and that if this is not enough money for his brother, two gold coins should be added for him. Reuven did not sign the will, but his wife and oldest son did, followed by two witnesses, who confirmed the former signatures and orally heard the wife and son’s confirmation of Reuven’s addendum to the will. Shimon held on to the addendum for three years without telling the brother, at which time the brother found out. When he asked the widow and orphans for back money, they said that the addendum is not binding because all the information came from them, and they were so distraught at Reuven’s illness that they agreed to things without understanding what was going on.
Ruling: The claim that the wife and son did not know what was going on is not accepted, since they signed and admitted the correctness of the addendum before witnesses. Their claim is no better than the claim that one did not understand the language of the document they authorized, which is not admissible (see Shulchan Aruch, CM 61:13).
P'ninat Mishpat (832)
Various Rabbis
331 - Rabbinic Ban to Protect Jewish Publishers
332 - Adding Relatives to Recipients of Posthumous Tzedaka Fund
333 - Adding on to Old Present or Setting New One?
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Regarding the provision that if the set amount is not enough, then more will be added, the language implies that this is to be taken from the family, not the tzedaka fund. Thus, perhaps the family admitted that they are obligated in this amount from the estate to the brother and are obligated to give back pay. However, the signatories are only the widow and one son, while the inheritors include four sons. Therefore, only the son who is signed obligated himself by means of his admission and has to pay one fourth of the amount that is ostensibly coming to the brother.
On the other hand, there are also difficulties with the language of the document. Since the other brothers have since grown up, we entered into an effort to come to a compromise between the inheritors and their poor uncle. The uncle agreed to drop the retroactive payments, and instead the estate will pay him four gold coins weekly.
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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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)
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)
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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)
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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)
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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
