Stories from the Mikveh

Translated by Hillel Fendel

Two small stories on how keeping the family purity Halachos come with devotion.

P'ninat Mishpat: Firing a Contractor – part II

Plaintiff 2 (=pl2) was the contractor for major renovations of the defendant’s (=def) home; plaintiff 1 (=pl1) was the supervisor. The contract stated that pl2 would finish the job in 120 work days within approximately six months. After over eight months, with the job not close to complete, def fired them, with the claim that pl2 was working only sporadically because he took on another job. Pl2 claims that he took the other job only after def fell behind in payments and that he had already worked 140 days because def made additions to the original plans. Pl2 claims that def fired them when she received a bill for the additional work. Def says that she wrote a letter to fire them before she received that bill, that she paid less than spelled out because she bought some of the materials that pl2 was required to, and because the work was behind schedule. She claims that pl1 approved the amount she paid and that pl2 did not protest.

A Woman who Relinquished Rights to her Ketuba

Sarah relinquished her rights (mechila) to her ketuba in order to encourage her husband, Reuven, to give her a get. Now she wants to back out of this step. Perhaps we should say that simple oral mechila without a kinyan is not effective when the creditor (i.e., the wife) still has a document (i.e., the ketuba) that states that the debtor owes her money.

A Third Dayan Who Was a Relative

Reuven and Shimon had a dispute, and they decided to adjudicate by each picking a judge (Levi and Yehuda), with the stipulation that they could rule based on din (strict law) or peshara (compromise). They agreed (in writing, with a kinyan for finalization) that if the two could not agree on a ruling/settlement, they could pick a third of their choice (“whoever it might be”) to enable a decision. Levi and Yehuda indeed did not agree. They chose Dan according to the above instructions. After a ruling was rendered, Reuven objected, with the claim that he found out that Dan is Shimon’s relative, to which he would not have agreed. Shimon claims that since Dan was accepted and since the instructions were that it could be anyone, this includes even relatives.

Paying for Non-Kosher Wine

Reuven sold supposedly kosher wine on credit to Shimon, who had a retail business. Shimon sold it to several customers. Later on, it became clear based on witnesses and Reuven’s admission that it was stam yeinam (wine handled by non-Jews, which is Rabbinically forbidden). To what extent does Shimon have to pay Reuven for the wine that Shimon already sold? What should be the arrangement be between Shimon and the people whom he accidentally caused to drink non-kosher wine?

The Price of a Practical Joke

Reuven, a shochet in a certain town, purposely made Shimon, a respected man from a different town, look foolish. Reuven’s wife gave birth to a girl. Reuven, who knew that Shimon is very excited about serving as a mohel, invited Shimon to perform a mila for “his son who wasn’t.” Shimon travelled four hours to perform the mila, and when he showed up in shul to do so, he was the laughing stock of the community. The rabbi of Shimon’s town suggests that Reuven should be removed from his post of shochet over this behavior.

Passively Taking from Another’s Franchise

Reuven bought a franchise from the sar (the ruling local nobleman) to sell alcoholic beverages, on condition that the sar would forbid his constituents from buying from anyone else, which he did. Shimon bought a franchise from a neighboring sar. Non-Jewish villagers from Reuven’s region have approached Shimon about buying from him, which hurts Reuven’s investment/livelihood. May Shimon sell to them?

Bribery in Rabbinate Election

The members of a certain community agreed on four candidates for the position of rabbi. Whoever’s name would be taken out of the ballot box was to be the subject of a vote to see if a majority supported him. The first two candidates whose name arose failed to receive a majority. The third candidate received a majority. Rumors circulated that bribes were given to oppose the first candidates and support the third. A letter, from a member of the community to his brother who lives in the city from which the winning rabbi came, was seized. It contained a demand for payment to a group of people from members of the elected rabbi’s hometown based on previous promises of payment. The members of the community were at odds over what to do and enlisted the Chatam Sofer to guide them.

Document to Overturn Laws of Inheritance

An Agent who Gave the Document to the Wrong Person

A Partner in Crime’s Part in Returning Stolen Property

Changing a Community Tax Assessment

What to Do with Abandoned Jewelry

Buying Oneself Back from the Chevra Kaddisha

Backing Out of a Now Unneeded Unfinished Sale

Late Demand of Expenses

Returning Ribbit With Devalued Currency

Testifying in Non-Jewish Court

Attempt to Limit the Duration of a Rabbi’s Contract

Recording Testimony in a Non-Jewish Court