YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The Torah study is dedicatedin the memory of
Simcha bat Chana
The Rambam (Mechira 22:3) says that if someone paid for an object that the seller had not yet taken control of himself, Mi Shepara obliges him to obtain the object to be able to give it to the buyer. The Shach and S’ma argue if Mi Shepara applies only in a case where a valid kinyan would make a binding agreement. The S’ma (209:23) says that it is talking about a case where the object is prevalent in the market, in which case a full kinyan would have been binding. The Shach (209:13) says that even in a case where there is no possibility for a kinyan to take effect, there still could be a moral obligation to uphold it, which finds expression in the Mi Shepara. He models this halacha on the gemara that situmta, a certain action that shows seriousness to acquire an object, creates a Mi Shepara even in a case where the situmta does not serve as a binding kinyan, because a serious action was done. The K’tzot Hachoshen (209:9) rules like the S’ma. The Pitchei Teshuva (209:11) says that the matter is an unsolved question.
This machloket is of great importance in our times when many financial transactions, such as sales of stock options, do not lend themselves to full kinyanim. Often also, a retailer does not have possession of the object at the time of the sale, as he obtains it from the supplier only afterward. Often these transactions are not done with the physical transfer of cash, but with bank transfers, checks, and credit card payment. These "transactions" are not more than payments of money, so that even according to the S’ma there is no more than a Mi Shepara.
Another point that requires attention is the matter of a set price, which is usually needed for a Mi Shepara to exist. One can ask regarding times like ours when commodity prices change regularly, if a kinyan works for them when the seller does not yet possess the object. The Pitchei Teshuva (209:11) says that in that case, a kinyan will not work on an item that is prevalent in the market if it is not yet in the seller’s control. (Dina d’malchuta does not exist in this area because the law does not determine that the payment of money is itself a kinyan, nor is there a clear minhag hamakom on the matter.)
P'ninat Mishpat (832)
Various Rabbis
60 - The Foundations of the Laws of Hiring Workers – part I
61 - Mi Shepara
62 - One Who Tripped in a Store
Load More
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
