YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (832)
Various Rabbis
397 - Eating before Kiddush
398 - The Rightful Beneficiary of a Life Insurance Policy
399 - Faulty Chimney – part I
Load More
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
