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Case: Yaakov’s children died, and when he subsequently had another son (Reuven), he "sold" his son to the Chevra Kaddisha for five gold coins. The condition was that if Reuven lived and merited to get married, Yaakov would give the Chevra Kaddisha ten gold coins to "buy him back." Yaakov also promised to give the Chevra Kaddisha a small amount of money on a weekly basis throughout his son’s lifetime. Reuven is now twenty seven years old, Yaakov has been dead for some time, and nothing has been given to the Chevra Kaddisha. Reuven now wants to get married, but the Chevra Kaddisha is protesting his right to get married until he pays them. Reuven points out that Yaakov died without enough money to even pay Reuven’s mother’sketuba so that he has not inherited any money from which to make payment for his father’s promises.
Ruling: If Yaakov had left an inheritance, then the matter would be the subject of a machloket between the Rambam, who rules that the sons must use it to pay their father’s oaths, and the Mordechai who says that he does not have to. However, if he did not leave behind any real estate from which payment can be taken, it is clear that the sons are not obligated to pay their father’s oaths. Therefore, the promise of weekly payments is certainly not Reuven’s issue.
P'ninat Mishpat (831)
Various Rabbis
345 - Straying from a Father’s Instructions on Supporting Torah Study
346 - Buying Oneself Back from the Chevra Kaddisha
347 - What to Do with Abandoned Jewelry
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Even when a father "redeems" his son by payment to a kohen, he is not buying him back but fulfilling a mitzva to pay money in that setting. If no one redeems the boy, he is not owned by the kohanim and is not holy in any way. Although in the narrative of a pidyon haben, we ask the father if he would prefer to have his son or leave him as is, that is just to show love of the mitzva, as halachically there is no choice to make (see Rama, Yoreh Deah 305:10).
The minhag to sell the child in Yaakov’s circumstances is a practice that emanates from the fear that there is a decree that his children will die. This "sale" is to make the children attributable to someone else to extricate them from the decree. We find people who were attributed to people who were not their parents (e.g., Serach bat Asher was Asher’s step-daughter).
So, if Yaakov did not "buy back" Reuven, he can be "considered the child" of the chevra kadisha. However that does not mean that theChevra Kaddisha can prevent Reuven from getting married, just as a father cannot prevent his son from doing so (see Rama. YD 240:25). It would be a sin for the Chevra Kaddisha to try to delay a marriage for even a short time. On the other hand, since the Chevra Kaddisha helped to protect Reuven and enable him to reach the time of his marriage, he should try to show his thanks with payment according to his capabilities after he marries.
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)
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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
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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.
