YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: There are three approaches to how to view to the halachic significance of giving a check. 1) Since it is generally forbidden to cancel a check, a check is like money (Igrot Moshe, Choshen Mishpat II:15). 2) A check is a self-obligation of the check writer (drawer), to the payee or to anyone if it is an open check (Minchat Yitzchak V:119); 3) The check is no more than an order that the drawer gives to a financial institution to give money to the payee (Shevet Halevi VII:222). The starkest difference between #2 and #3 is whether, if the drawer cancels the check, the obligation to pay still exists. (From a technical perspective, banks usually allow one to cancel the check, but the legal system needs to be convinced he was justified to do so.) #3 is definitely the direct meaning of the check. As they are used in today’s society, the more accepted approach is #2, that it is not considered money, but that the drawer obligates himself to pay whoever uses it legally (see Pitchei Choshen, Halva’ah 10:(21); Shirat Devora II, CM 23).
(Almost) all agree that if one gave a check to one whom he owed and it got destroyed, he has to replace it. Even if one conceptually views a check like money, it is significantly different from real money in this context. If Levi pays Yehuda with cash, the payment is immediately usable, whereas a check needs to be cashed or transferred first. More significantly, if Levi feels bad and wants to pay money again, it will be an outright loss for him. But if Levi writes Yehuda a personal check and it was destroyed, the money was never drawn from Levi’s bank account as planned, and Levi is no worse off than he planned (except the price of a check) if he writes another one. So, if Reuven did not transfer the check to Shimon, you should enable him to do so.
If Reuven already gave the check to Shimon, you could argue that since you do not owe Shimon, it is not your responsibility to make sure he receives the money. However, this is apparently wrong. The mitzva to return a lost object is not limited to physical objects but applies broadly to help someone out regarding his property (Shulchan Aruch, CM 259:9), and therefore enabling Shimon to use the check he received should be included. While it is true that one does not have to lose money returning a lost object (see Shulchan Aruch Harav, Aveida 33), and here you will be "out" 2,000 NIS, having money you were obligated to give taken from your account is not a loss (see Tosafot, Bava Kama 58a).
Even if we did not view a check as creating an obligation, if Reuven owed Shimon, then through a rule called shibudda d’Rabbi Natan, you, who owed Reuven, would be considered as owing Shimon (Shulchan Aruch, CM 86:1). Although the application here is complicated (see ibid. 2), it is wrong for you to divorce yourself from this obligation.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
527 - Paying a Babysitter for Work on Shabbat
528 - Making Sure your Check Is Cashed
529 - Non-negotiated Fees
Load More
Lessons
fast navigation

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.








