YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
- Family and Society
- Kashrut
- The Laws of Kashrut
Case: Reuven sold supposedly kosher wine on credit to Shimon, who had a retail business. Shimon sold it to several customers. Later on, it became clear based on witnesses and Reuven’s admission that it wasstam yeinam (wine handled by non-Jews, which is Rabbinically forbidden). To what extent does Shimon have to pay Reuven for the wine that Shimon already sold? What should be the arrangement be between Shimon and the people whom he accidentally caused to drink non-kosher wine?
Ruling: The gemara (Bechorot 37a) says that if someone sells to another forbidden food and the buyer ate it, the seller has to return the sales money even though he gets nothing back. The Rambam (Mechira 16:14) says that if the food eaten was forbidden only Rabbinically, then the buyer is not entitled to a refund.
P'ninat Mishpat (831)
Various Rabbis
367 - How Do Time-Share Partners Deal with Damage to Property?
368 - Paying for Non-Kosher Wine
369 - Introduction and Biography of the Noda B’Yehuda
Load More
However, we see otherwise from a comparison to the halacha of a man who unintentionally married a woman who was forbidden to him. She receives the additions to the ketuba that her husband agreed to because we assume that since he did not look into her status, he did not care about the prohibition. In contrast, one does care not to havetreif meat. This shows that the S’ma is correct that the monetary ramifications are a function of the degree to which we assume one is upset by the specific prohibition.
Regarding the question about the distinction between Torah and Rabbinic prohibitions, considering the Rambam’s approach, the Maggid Mishneh correctly points out that it is permitted to be involved in commerce of Rabbinic prohibitions. Commerce is forbidden for Torah prohibitions due to the possibility that he will come to eat from them. As it is permitted for Rabbinic prohibitions, apparently the Rabbis did not view such unintentional prohibitions as seriously. For the same reason, if one did eat a Rabbinic prohibition he received from the seller, he cannot say that the eating was not beneficial. For that reason, one has to pay at least for the price of non-kosher meat, and when he already paid the full price, he does not get it back.
In our case, certainly that which was not drunk yet can be returned asmekach ta’ut. Therefore, when Shimon’s buyers bought it, the wine was actually still Reuven’s. In fact, the buyers did not acquire the wine until they drank it, and fundamentally they have to pay Reuven only the price of non-kosher wine. In practice, Reuven can demand of Shimon to either return his wine or give him the price of non-kosher wine, and Shimon can collect that money from his buyers.
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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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
fast navigation
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.
