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Ruling: If Reuven orally bequeathed parts to pl in the midst of his final illness, it is considered a matnat schiv meirah (=mscm), which is binding in certain cases in which such a gift during a time of health would not be valid (see Shulchan Aruch, Choshen Mishpat 250). The Rosh (Shut 83:4) says that the recipient needs witnesses for the mscm unless the gift is in his possession (in which case migo increases his credibility).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
718 - Problems Arising from the Sale of Stores in New Project – part I
719 - Should the Will be Updated? – part I
720 - Should the Will be Updated? – part II
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In our case, we cannot know now the level of intent in Reuven’s statements or whether he spoke that way to appease his disappointed children. In any case, def denies that there were any specific, definitive declarations. Although there was a claim of a hand-written "document," pl did not produce it. Additionally, def claimed that Reuven was then incapable of writing such a document. Furthermore, pl admit that during that period of time, Reuven’s level of cognizance was not strong.
Therefore, clarifications of Reuven that contradict his will, which was certified as binding, lack legal standing.
We continue next time with analysis of def’s agreement to share the inheritance with pl.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
