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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Case: My grandfather, R. Gershon, left a significant amount of money. The principal was to remain untouched and the profits were to be divided among his descendants who occupied themselves in Torah study "until the fourth generation." At that time, the principal is to be divided among all his descendants, with half going to the descendants of his son and half to the descendants of his daughters. Presently, there are great-grandchildren of R. Gershon, which is the fourth generation if one counts R. Gershon as the first. The Torah-studiers claim that this only the third generation and that the original arrangement should continue. They bring a proof from King Zecharia, who was the fifth generation including Yehu, and Yehu was promised only "bnei ribei’im(sons of the fourth generation)" sitting on the throne (Melachim II, 10:30). The other descendants cite proof from the pasuk from Brit Bein Habetarim: "The fourth generation will return here" (Bereishit 15:16).
[The ruling is a fascinating interplay between halacha and Biblical analysis]
P'ninat Mishpat (832)
Various Rabbis
379 - Appraising Relatives
380 - Counting to Four Generations
381 - A Split Majority
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If that is what they mean, why should one prefer the Ibn Ezra’s commentary over Rashi and the Ramban. Rashi says that the count starts with Yaakov, who went down to Egypt, and continues with Yehuda, Peretz, Chetzron, and Kalev; thus, the first generation is not counted. The Ramban says that the four generations belong to the Amorites, who were to be removed from the land after their sin was ready for punishment. Ostensibly, then, one cannot prove anything regarding our question. If anything, from the Ramban it sounds like the progenitor is not counted, as Hashem is willing to wait four generations for repentance, after which time he punishes the fifth generation. This is in line with Hashem remembering the sin of the fathers for "son, and sons of sons, a third generation, and a fourth" (see Shemot 34:6).
How then can the other inheritors expect to go against Rashi and the Ramban, who exceeded the Ibn Ezra both as commentators and as halachists? Even according to the Ibn Ezra, Yaakov was one of the four generations, which is different from talking about four generations ofdescendants of Yehu or, in our case, of R. Gershon. I would anyway explain the pasuk differently, considering that the count should be from Yitzchak, who begins the period of being "foreigners in a land not their own," and that it is going on Serach the daughter of Asher, son of Yaakov, son of Yitzchak.
There are different indications from the language of the will, but the most careful reading of both the will and the standard understanding of the p’sukim is that the fourth generation does not include the person who is talking or is being discussed. This should be the basis for determining when the will’s clause comes into play, although all sorts of questions about its implementation remain.
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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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: 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)
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)
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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)
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)
