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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 Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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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
