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Case: Sarah relinquished her rights (mechila) to her ketuba in order to encourage her husband, Reuven, to give her a get. Now she wants to back out of this step. Perhaps we should say that simple oral mechila without akinyan is not effective when the creditor (i.e., the wife) still has a document (i.e., the ketuba) that states that the debtor owes her money.
Ruling: It is not possible to extract money from Reuven when the Rama (Choshen Mishpat 241:2) says that mechila is valid even orally even when the creditor (here, Sarah) has a document. It is true that the Tur (CM 12) cites the opinion of Rabbeinu Yeshaya who distinguishes between cases in which there is a document and cases in which there is not. The Bach explained that the rationale is based on the idea that in a case of a document that is set to cause the payment of money, it is considered as if the money was already paid. The Shach (12:17) asks simply that we do not accept the opinion (Beit Shammai) who adopts that position.
P'ninat Mishpat (829)
Various Rabbis
385 - When Is The Debtor Rich Enough to Pay?
386 - A Woman who Relinquished Rights to her Ketuba
387 - Responsibility of a Guardian
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On the other hand, the definite nature of payment of such a debt is only true when the debtor has resources from which he can pay. However, if all the creditor has to rely on to receive payment is the personal obligation of the debtor, then it is the type of debt for which mechila works. It would also seem that the language used makes a difference. If Sarah had said that she relinquished rights, one cannot relinquish rights of that which is already in her hands. However, since she used language of giving a present to Reuven of the value of the ketuba, it could work even though she has a ketuba.
In this case, though, Sarah does not lose her ketuba. Since I ruled that her get is invalid (the Noda B’Yehuda’s son claims that the case was discussed in Noda B’Yehuda II, Even Haezer 105), the mechila that was done in order to get Reuven to give a get is not valid, as it is based on a false pretense when the get written is invalid.
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
