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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: Monthly stipend: Pl admits that ftr did no more than make an oral pledge to give a present, with no act of kinyan. This is not binding (Bava Metzia 58a). This is strengthened by the (unrefuted) claim that it was conditional on its use by pl for an apartment, which pl admits to have not acted on.
Part of the business: One point of disagreement is whether the value pl ascribes to the business is correct. However, the question is not operative. The entire estate is to be protected to ensure support of mtr (Shulchan Aruch, Even Haezer 93:3), and therefore, nothing needs to be paid to pl at this point.
Part in the bank account: Ftr set up this bank account to finance medical expenses of his and mtr’s. Since this money is likely earmarked for mtr’s needs, it would not be divided with the general estate. In any case, the resources of the estate must be set aside for possible use for the widow’s medical needs (ibid. 79:1).
Stocks: Pl will get his part, but there is a technical problem taking it out now.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
823 - P'ninat Mishpat: Agricultural Water Rights – part II
824 - P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
825 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
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Funeral expenses: Pl admits that he took part in financing ftr’s funeral without an explicit stipulation that if he has financial complaints, he can get it back. While things one only thinks of are not halachically significant (Shulchan Aruch, Choshen Mishpat 207:4), the Rama (ad loc.) says that if it involved a present, then thought can make them conditional. However, the Aruch Hashulchan (CM 207:12) says that each case must be considered on its merit. In this case, it is natural that one chip in towards a father’s funeral, and pl cannot come much later and say it was conditional.
Rights in a car: Def2 bought and uses a car but put it in pl’s name (for technical reasons). Since pl admits that he has no direct rights in the car, he cannot demand money for it. It makes no difference if def2 used his own money to buy it or whether his parents decided to pay for some or all of it, as they had the right to use their money as they liked.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
Rabbis in Midrash
Lessons
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
