Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We were in the midst of discussing whether def’s obligation is valid according to the law of the land, considering that it is arguably against the public interest.]
Par. 30 of the Law of Contracts states that a contract whose purpose or content is illegal, immoral, or contradicts public welfare is null. There have been varied rulings in the courts over whether an agreement to compensate a husband whose wife sues for higher child support contradicts public welfare. A summary can be found in Justice Benzion Greenberger’s ruling (BMS 24590/98). He concludes that the assumption is that it damages the welfare of the children, but if the father can prove that it does not negatively affect them, it is valid. In general, if the wife’s obligation is void because of its impact on the children, the guarantors’ obligation should not apply.
P'ninat Mishpat (835)
Various Rabbis
555 - Holding Guarantors to their Commitment? – part I
556 - Holding Guarantors to their Commitment? – part II
557 - Holding Guarantors to their Commitment? – part III
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One can argue that indirectly, if an ex-wife knows that her close relatives will have to pay, she will not sue for increased child support. In general, the courts do not factor in indirect effects. Also, this must be weighed against the grave damage caused if we easily strike down agreements made in divorce settlements. First, there is a public interest in agreements being kept. Second, if those negotiating a divorce settlement know that the settlement will not be kept, husbands are less likely to give a get when called for. Also, in this case, specifically, the amount agreed upon for child support, while somewhat low, is not extremely low.
[We will finish off next time with a look at whether the conditions for payment were met.]
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
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 P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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
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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
