YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
As part of a divorce settlement, a father (=pl) opened a tochnit chisachon (set-time investment) for his daughters; the mother (=def) was to oversee it. Later on, def removed the money for personal needs. Pl demands that def reimburse the girls the sum due to them at the time the investment is due.
Ruling: Def is considered to have stolen the money from her daughters' account. In general, a thief pays only the value of the object at the time of the theft. We do not factor in what the profits the object could have been had it not been taken, as that is gerama (indirect damage).
However, as the fund's overseer, def was a shomer (watchman). The Chatam Sofer (CM 140) says that since a shomer's payments are usually for damage caused indirectly, she would be responsible even for gerama. However, he referred only to an object's value at the time of damage, which would not indicate that def has to pay for potential earnings after withdrawal of funds. The Rivash (396) says, regarding a case where one watching wheat illegally sold it when its price was low but rebounded later, that he only has to pay according to the price when he stole them, not for future appreciation.
What about payment as one who damages? The gemara (Bava Metzia 99b) says that if one broke another's barrel that is worth four zuz on a regular day and five on a market day, he either returns a barrel on a market day or five zuz on another day. Rashi says that even if he damaged it on a day when it was worth four, he pays five because it is sometimes that expensive. The K'tzot Hachoshen (291:1) explains that since the price will definitely go up, the damager caused loss of the extra value. The Netivot Hamishpat (291:2) argues against the notion of semi-direct damage payment. Rather the payment was because he was a worker, who has a special obligation when performing work in a manner that causes damage. In our case, since the bank's interest payments were set, the loss is definite. Def is also entrusted to secure the investment. Thus both the K'tzot and Netivot would obligate lost future interest.
The Yerushalmi (Bava Metzia 5:3) says that one who didn't invest funds given to him for that purpose need not pay. The Raavyah explains that this is because the gains were not certain. The Nimukei Yosef (Bava Metzia 61b) says that it is because the "broker" did not explicitly accept responsibility. In our case, though, the interest was set and the overseer accepted responsibility to ensure it would be received. However, according to the Shach (CM 292:15) one who does not invest is still an indirect damager and is exempt. The Chatam Sofer (CM 178) says that a compromise should be made between the sides. Beit din thus obligates def to pay the amount the investment would have been worth had it been due on the day def withdrew the money.
P'ninat Mishpat (829)
Rabbi Yosef Goldberg
25 - Who Pays for Damages That a Hired Driver Causes to a Third Party
26 - The Breaking of a Set-Time Investment
27 - Suing a Lawyer Who Extracted Interest Payments
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
