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Case: Along with his older daughter’s ketuba, Reuven wrote a standardshtar chatzi zachar (an obligation to a daughter, which creates the effect of the granting of a present in a will) for 1,000 gold coins. After Reuven’s second daughter got more money in that form than her sister, he wrote another document to his older daughter, for 2,000 coins, to appease her. After Reuven died, his daughter demanded 3,000 coins from her brothers. They responded that the second document was to replace the first one, not to be added to it.
Ruling: The gemara (Ketubot 44a) says that when Shimon gives Levi two documents of a present or a sale, one after the other, we assume that the second one replaces the first. However, the Rif and Rosh say that in the cases of two loan documents between Shimon and Levi, we assume that each one is independently valid. The gemara in Bava Batra (172a) seems to confirm the understanding of two loan documents being complementary. On the other hand, the gemara (Ketubot 43b) says that if there are two ketubot and the second one does not say that it is coming in addition to the first one, we assume that it is a replacement. Nevertheless, the accepted opinion is that regarding loans, one does add onto the other.
P'ninat Mishpat (829)
Various Rabbis
333 - Adding Relatives to Recipients of Posthumous Tzedaka Fund
334 - Adding on to Old Present or Setting New One?
335 - Returning Ribbit With Devalued Currency
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The gemara (Ketubot 44a) says that there are two ways to view the second document undoing the first: admission that the first is false; relinquishing rights (mechila) included in the first. However, we rule thatmechila cannot undo an obligation found in a document, leaving only the possibility of admission of falsehood of the first document. However, such an admission is an unusual course of events, which makes sense only when there is something suspicious about the existence of two documents.
In any case, there is no particular reason to say that the second shtar chatzi zachar, which works like an obligation, should indicate an undoing of the first. Thus, according to strict law, the daughter should receive 3,000 gold coins. However, due to certain local reasons to question whether the father intended to give her so much, it is proper for the sides to compromise.
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
