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Case: The plaintiff (=pl) is listed in his deceased brother’s life insurance policy as the beneficiary and wants to receive its benefits. The defendant (=def), the deceased’s son and inheritor, argues that it is not logical that his father would purposely leave pl as the beneficiary, considering the very strained relationship that existed between the two in the final years of his life. Previously, the two were partners and had a good relationship, until mutual complaints led to the dissolution of the partnership. The policy was opened two decades previously, when defwas five-years old.
Ruling: It is not clear why the deceased wrote his brother as the beneficiary of the insurance policy even though he had a wife (it is not clear how strong that relationship was) and a son. It is possible that he did so in return for some benefit that he received from pl or for some other reason. It is hard to change, based on circumstantial evidence, that which is written explicitly in a legal document.
P'ninat Mishpat (829)
Various Rabbis
397 - Eating before Kiddush
398 - The Rightful Beneficiary of a Life Insurance Policy
399 - Faulty Chimney – part I
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There are two ways to view the benefit payments an insurance company pays. One is that upon receiving premium payments, the company obligates itself to pay according to the instructions it is left. In that case, there is, in a case like this, no room for a court to intervene in the determination of beneficiaries. It is whoever the instructions specify. A second possibility is that the money is considered the insured person’s monetary rights during his lifetime, which is to be dispersed by the insurer under certain circumstances. According to this second possibility, the deceased’s instructions are under the halachic category of "it is a mitzva to fulfill the words of the deceased," whose rules we must take a look at.
The Shulchan Aruch (Choshen Mishpat 252:2) says that it is amitzva to follow the words of the deceased even if he was healthy when he left instructions, as long as he gave it to a third person to hold for that reason. The K’tzot Hachoshen (252:3) rules that this is an obligation that the inheritors can be forced to carry out. Most poskim rule that this is the case even if the money is presently in the hands of the inheritors (see Shulchan Aruch, CM 250:23). In the case of an insurance policy, the company is the third party, and so they have the obligation to give the benefits to pl, and beit din has no reason to intervene to prevent this even according to the second approach above.
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
