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Beit Midrash
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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 (827)
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
based on appeal of ruling 82138 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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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