By Rabbi Ariel Ovadia Unconscious Sale Q: Should one sell the Hametz of an unconscious patient? Is such a Mechira valid? A: A spouse or custodian can and should sell the Hametz of an unconscious or demented patient. The Poskim debate whether there is a need to sell an unconscious person’s Hametz. Some Poskim hold that the Hametz of a patient who falls under the … [Read more...]
Ramifications of a Broken Kinyan : Reneging on an Agreement Part III
By: Rabbi Yosef Greenwald The Offense of the Mi ShePara As we discussed in the previous segments, when one reneges on a Kinyan Kessef (backing out after the money was given, before taking the item into one’s possesion), he is subjected to the following curse: “Mi shepara, m'anshe dor hamabul um'anshei dor hapalaga, hu yifra etc.”. He (Hashem), who avenged the generation … [Read more...]
Ramifications of a Broken Kinyan: Reneging on an Agreement Part II
By: Rabbi Yosef Greenwald Did a broken Kinyan (transactional act) work in the first place? As we discussed last week, breaking a Kinyan Kesef – a transactional act where money was paid or a down payment was made on an item or moveable object – carries with it the Mi ShePara curse. Once a person reneges on a completed Kinyan, there is a discussion among the Poskim if it … [Read more...]
Who Is At Fault For a Default?
Reneging on an Agreement Part I By: Rabbi Yosef Greenwald There are two categories of agreements which can affect when an agreement is broken. In Bava Metzia, 49A, the Gemara discusses two different types of contractual agreements and the ramifications of nullifying each one. Kinyan Kesef: When Goods Have Changed Hands This Mishna states that … [Read more...]
Matanot La’Evyonim FAQ’s
By Rav Mordechai Lebhar, Posek for the SHC and Rosh Kollel LINK, Los Angeles Q: How much do I have to give for Matanot La’Evyonim? A: Ribbi Yaakov Haim Benaim, one of the great sages of Morocco in the 18th century, in his work Zera Yaakov (§11) is the common source quoted regarding this question. Following a lengthy discussion, he finds support in the commentary of the … [Read more...]