Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: We reject def’s claim that he did not understand the agreement (see Shulchan Aruch, Choshen Mishpat 61:13). We do not believe such claims. Also, commerce can work only when people are held to contracts (see Beit Yosef, Even Ha’ezer 66). Also, since the one who signed relied on those who asked to sign, it is considered as accepting whatever is written there (see S’ma 61:23). Finally, communications between the sides indicate that def admitted knowing in what he was obligating himself.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
721 - How to Take Payment from A Guarantor – part I
722 - How to Take Payment from a Guarantor – part II
723 - Was New Principal Properly Compensated? – part II
Load More
The main question is about the time frame of payment. On the one hand, def is in his last year of professional studies, and his wife recently started working. There is a process for extracting payment from those with limited resources called mesadrin l’ba’al chov (see Shulchan Aruch, CM 97:23). One who owes money is allowed to hold on to a bare minimum of his own property (it might be even stricter for an arev – ibid. 29), and these halachot are generally stricter on the obligated than the practices of Hotza’a Lapoal.
On the other hand, if the obligated does not have property to seize, we do not force him to work in order to have from what to take or incarcerate him until he makes payment available (ibid. 15). Beit din, though, which has limited capabilities in determining the debtor’s capabilities, can recommend that the creditor use Hotza’a Lapoal to make such determinations.
Pl presented a recording of a phone conversation between pl and def before the loan. Pl was concerned that def was not a viable arev, and def tried to placate him with the assurance that if need be, he could take a 120,000 NIS loan. Was that assurance binding? Kovetz Hayashar V’hatov (XVII, p. 123) claims that nowadays, it is common for people who owe money to borrow large sums from gemachim, and if a borrower did not expect to have money to pay back when due, we treat it as a binding promise to borrow from another gemach to pay. In this case, def actually did promise to borrow money. A promise to borrow is equivalent to a promise to work.
We will continue from this point next time
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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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)
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
