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- Bemare Habazak - Rabbis Questions
Answer: There are two halachic issues to discuss regarding the extent of Reuven’s responsibility: 1. Does Reuven have more than 20% responsibility for the car, and if so, to what extent? 2. Is indirect responsibility activated because the others refuse to take responsibility?
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
559 - A Kohen Becoming Right-Handed
560 - Monetary Responsibility of One Member of a Group
561 - What Should One Skip to Get to Shemoneh Esrei on Time?
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The two main forms of arevim are: a regular arev and an arev kablan. A regular arev is responsible to potentially pay for what his friend owes, but only when the creditor has a valid reason to view the debt as impractical to receive from the debtor (Shulchan Aruch, CM 129:8). An arev kablan is treated like a direct recipient of a loan, even though someone else is the ultimate beneficiary. Resultantly, while a creditor can approach a regular arev only after it is apparent that the debtor will not pay, he can approach an arev kablan before even trying the debtor (ibid. 15).
Rishonim disagree on the status of two who borrow together. The Rosh (Shvuot 5:2) considers each lender as an arev kablan, which means that the borrower can take full payment from either without even trying to get half from the other. The Sha’ar Mishpat (77:1) explains that we view the matter as if each of the borrowers received all the money, no matter how they decided to split it among them. The Shulchan Aruch (CM 77:1), though, accepts the opinion of the Rishonim who say that each is a borrower on half and a regular arev on the other, so that generally each person only has to pay when his partner will not.
At what point has the lender exhausted his necessary efforts to receive payment from the borrower and can demand pay from an arev? The Shulchan Aruch (CM 129:10) says a case where one can demand payment from the arev is if the other borrower is a powerful person who does not listen to beit din. The Rama (ad loc.) cites but does not accept an opinion that we wait until beit din tries to force the borrower to pay. Clearly, though, if there has been only refusal to pay without being summoned by beit din, it is too early to demand payment from the arev (see also Bava Batra 174a). This is even clearer if the debtor has real claims for exemption, in which case going to beit din before paying is the defendant’s right (even if he is presently not eager to do so).
Bemare Habazak - Rabbis Questions Ask the Rabbi: Forgot to Remove Tefillin Before Musaf of Rosh Chodesh
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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.
