Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Various Rabbis
554 - Giving a Partnership to One Partner
555 - Holding Guarantors to their Commitment? – part I
556 - Holding Guarantors to their Commitment? – part II
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
