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Ruling: All of the specific halachic complaints about the way the obligation was accepted are to be rejected because the obligation was performed in front of beit din as a ruling that upheld a divorce settlement. First of all, there is a rule that beit din does not investigate the proceedings of another beit din (Bava Batra 138b). Therefore, even if there is no mention of a kinyan made in front of the beit din, we will assume that the obligation was done in an effective manner, as that beit din indicates.
The claims of asmachta and a not set amount have to do with a lack of gemirut da’at (informed consent). When such an obligation is done in front of a beit din, one cannot claim a lack of gemirut da’at (see Piskei Din Rabbaniim X, p. 365). Furthermore, since beit din gave the obligation the status of a ruling, the ruling is now a force that can obligate beyond any basic gemirut da’at. Because of the confluence of agreement and ruling, def cannot claim kim li that open-ended obligations are not valid (see Piskei Din Rabbaniim IX, p. 226) because beit din does not have to initiate an obligation, since he accepted it himself as a p’sak.
One of the ways to accept the obligation is situmta – that it is accepted in society that an obligation in court is binding (see Bava Metzia 59a). However, this makes us consider whether the courts would uphold such an agreement, on the grounds that it is immoral or goes against public interest. The issue is that such an agreement may deny a wife the ability to ask for money that it might turn out will have an impact on the couple’s children’s wellbeing.
[We will continue with the point next week of the impact of public interest.]
P'ninat Mishpat (829)
Various Rabbis
589 - Giving a Partnership to One Partner
590 - Holding Guarantors to their Commitment? – part I
591 - Holding Guarantors to their Commitment? – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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.
