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Beit Midrash
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Case: Reuven sent his agent (Shimon) with a loan contract to receive payment from the borrower (Levi). Reuven told Shimon that if Levi does not pay, Shimon should not hand over the contract to his partner (Yehuda). At the end, Levi did not pay, and Shimon did give the contract to Yehuda. Yehuda did extract full payment from Levi and is refusing to give Reuven half the money because of the claim that Reuven owes him money from other transactions. Can Yehuda keep the money? Must Shimon reimburse Reuven for causing a loss by not following his instructions?
Ruling: Some local rabbanim argue that ostensibly Shimon should have to pay Reuven and, because of this, Yehuda will not be able to withhold Reuven’s half due to the damage it will cause Shimon (see Rama, Choshen Mishpat 58:1). Others say that since Shimon made a mistake regarding what to do with a document, we apply the Rama (CM 55:1), based on the Rashba, that when someone returns a loan contract to the creditor after payment, he is exempt from damage payment because it is gerama (indirect damage).
P'ninat Mishpat (831)
Various Rabbis
353 - A Partner in Crime’s Part in Returning Stolen Property
354 - An Agent who Gave the Document to the Wrong Person
355 - Document to Overturn Laws of Inheritance
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While the above analysis fits the Masat Binyamin’s approach, this is actually a difficult opinion. Consider that the gemara (Ketubot 85a) obligates an agent who paid the creditor before taking the loan contract, which seems against the Rashba. The distinction must depend on who gave the document to the wrong person. A marginally related person can be exempt due to gerama, but someone who was given the document as a watchman or an agent and acts against the instructions or the interests of an interested party is considered a mazik (damager). Thereby, he is obligated even though the normal obligations of a watchman do not apply to contracts and the damage is indirect for others. [The Chatam Sofer explains why this category does not apply in the Rashba’s case, but it is too involved to present in this context.]
Therefore, in this case, Shimon would definitely be obligated to Reuven, and, therefore, Yehuda may not use the document as a tool to seize money that he claims Reuven owes him from a different situation. Rather, Yehuda should give Reuven his half of the loan from Levi, and Reuven should swear that he does not owe Yehuda.
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 P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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
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)
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)
Rabbis in Midrash
Lessons
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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.
