YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
A man died, leaving his property to his four sons. The will specifies that they would share the estate equally. Because of ambiguous language, different sons, the plaintiff (=pl) and the defendant (=def), disagree as to whether they share a store together or pl received all rights to the store. Def, who was appointed by his father to be the estate’s guardian, sold the store and divided the profits among the brothers. Pl demands to have all of the profits. Def counterclaims that he deserves a salary as guardian and thus demands money from pl.
Ruling : According to beit din’s analysis of the will, pl is correct that the store and, presently, the profits from its sale belong to him. The question of def’s rights to be paid remains to be determined.
The mishna (Shvuot 45a) says that a guardian who is accused of misappropriating funds from the estate has to swear that he did not do so. However, the mishna in Gittin (52a) limits the matter. According to the Tanna Kama, if beit din appointed the guardian, he is exempt from swearing. Abba Shaul says that this is not so, but rather one who is appointed by the father is exempt. The reason to exempt a guardian is that we fear that the prospect of an oath discourages people from accepting the responsibility. Abba Shaul (whose opinion is halacha- CM 290:16) reasons that people are interested in being court-appointed guardians because it highlights their trustworthiness. The Noda B’Yehuda (II, CM 34) derives from this idea that such a guardian also does not need to get paid.
In our case, where the father appointed the guardian, we should thus say that he should get paid. However, it is apparent from the Meiri that we do not distinguish between the different types of guardians in this regard. He cites that anytime a guardian made a stipulation to receive profits from the estate, even if the deceased appointed him, he has to swear. This is because a guardian who profits would not be deterred from accepting the position due to an oath. However, if he did not stipulate, he would not receive profits, for if he did, the halacha would not have exempted him from swearing. However, the Meiri referred to a guardian for the property of minors, as people are willing to administer their affairs for free because it is a mitzva. For adults we assume that one would agree only for pay, even if it was not stipulated. This distinction is also implied by Rashi (Bava Metzia 39a).
Although in principle, def deserves pay for being a guardian, in practice he will not receive it because it is evident that he was mochel (relinquished rights to) the pay. After all, when he sold the store, he split the funds equally and did not demand compensation. Only after the conflict with pl arose (and after he was mochel) did def decide to demand pay. Therefore, pl receives all the proceeds of the sale and does not have to pay def.
P'ninat Mishpat (829)
Rabbi Yosef Goldberg
34 - The Status of a Contract That Was Violated
35 - Pay for a Guardian
36 - Does a Guardian Remain After Inheritor’s Bar Mitzva?
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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.
