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Halacha & Hashkafa

Halacha & Hashkafa

(Un)fair Usage

By Rabbi Meir Orlian

"You had the home for all of July," reasoned Mr. Wolf. "It's only fair that we should have it for the remainder of August."

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Even Eruv Tavshillin ‘One Might Have Thought That We Remove The Tendons…’ (Zevachim 86a)

Halacha & Hashkafa

When The Videographer Is Two Hours Late

By Rabbi Meir Orlian

"The videographer called and said he was in an accident," replied the Mr. Schott. "Thank G‑d nothing serious, but it delayed him two hours. He'll be here in 10 minutes."

Halacha & Hashkafa

Two Bites At The Apple (Shulchan Aruch, Choshen Mishpat 79:10)

By Raphael Grunfeld

A litigant is allowed to explain what he said in court provided his explanation clarifies his initial statement rather than contradict it.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

A Matter Of Doubt ‘When You Make [Four] Applications…’ (Zevachim 80a)

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

A Light Mixup ‘Anything That Is Counted…’ (Zevachim 73a)

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

The Fat of the Land 'Only Those Whose Chelev Are Forbidden…' (Zevachim 70a)

Halacha & Hashkafa

A No-Show

By Rabbi Meir Orlian

"They ordered a serving for you," his wife pointed out. "If you don't go, you’re causing them a loss. At least send a gift to cover the serving."

Halacha & Hashkafa

Who Is A Liar? (Shulchan Aruch, Choshen Mishpat 79:9)

By Raphael Grunfeld

Accordingly, when the defendant changes his general denial in court that he never owed the plaintiff anything before witnesses contradict him, the court will not assume he is lying.

Halacha & Hashkafa

Purposeful Purchase

By Rabbi Meir Orlian

Mr. Landau decided to consult with Rabbi Dayan. "Is the sale invalid because I meant all-leather?" he asked.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

A Matter Of Merit 'They Added Four Amos' (Zevachim 61b)

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Two Talleisim ‘The Residue Of The Blood He Spills…’ (Zevachim 51a)

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

A Necessary Prelude? ‘Intentions Of Korbanos’ (Zevachim 46b)

Halacha & Hashkafa

Handwritten Admissions (Choshen Mishpat 79:7-8)

By Raphael Grunfeld

The rule with respect to a chashud al hashevuah is that the right to take an oath is transferred to the plaintiff.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Reaching One’s Objective ‘The One In Thought And The Other Silently’ (Zevachim 41b)

Halacha & Hashkafa

Butter Barter

By Rabbi Meir Orlian

"We have a container of cream cheese, but we'd rather have butter," said Mrs. Miller. "They're worth about the same. If you give me butter, I'll give you cream cheese."

Halacha & Hashkafa / Features

Can A Rabbi Younger Than 40 Issue Halachic Rulings? A Case Study From 16th-Century Egypt

By Rabbi Gil Student

Around 1552, leading rabbis in Egypt issued a cherem against people using rabbinic judges not approved by official channels.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Call To Alms ‘Having Declared It A Burnt Offering, He Rethought…’ (Zevachim 30a)

Halacha & Hashkafa

Contradicted By A Piece Of Paper (Choshen Mishpat 79:6)

By Raphael Grunfeld

There is no defense to a claim based on a properly-drawn up promissory note signed by witnesses who testify that the signatures on the note are theirs or whose signatures have been confirmed by the court comparing them to signatures it has on file.

Halacha & Hashkafa

Fifty-Fifty

By Rabbi Meir Orlian

"The Rema writes that if there are two groups, each group is entitled to half, even though one group may have more members than the other," replied Rabbi Dayan.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

An Aging Problem? ‘I Have Chosen Him To Stand, But Not To Sit’ (Zevachim 23b)

Halacha & Hashkafa

Who Borrowed From Whom?

By Rabbi Meir Orlian

"I think that you are considered the borrower," said his uncle. "You asked me for the money and I handed it to you."

Halacha & Hashkafa

Caught In A Lie (Shulchan Aruch, Choshen Mishpat 79:5)

By Raphael Grunfeld

It is dealing with the case of a defendant who had judgment entered against him because, like the defendant in our se’if, he made a statement that was subsequently contradicted by witnesses.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Do Clothes Make The Man? ‘When [Kohanim Are] Wearing Their Garments’ (Zevachim 17b)

Halacha & Hashkafa

You Lie!

By Rabbi Meir Orlian

Each of the witnesses, in turn, testified that they saw Mr. Lander lend Mr. Braun $2,000 on Chanukah. Mr. Braun's advocate cross-examined them, but their testimony stood intact.

Halacha & Hashkafa

Is Mezonos Bread Truly Mezonos?

By Rav Hershel Schachter

If you eat bread – even cake – as part of a filling meal, it’s called kevias se’udah and you have to wash and bentch.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Olas Shabbos B’Shabbato ‘An Offering Of Appeasement’ (Zevachim 7b)

Halacha & Hashkafa

Unsold Chametz

By Rabbi Meir Orlian

That bottle was entrusted to you. You didn't fulfill your responsibility properly. You might be liable for the whiskey!

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Depth Or Breadth? ‘A Sinai Or An Oker Harim’ (Horayos 14a)

Halacha & Hashkafa

Tricked Into Paying Back (Shulchan Aruch, Choshen Mishpat 79:4)

By Raphael Grunfeld

If he had known that witnesses were present who might subsequently contradict him, he would not have acted in this manner, he says – but he didn’t know.

Halacha & Hashkafa

Can One Wear One’s Late Father’s Shoes?

By Rav Hershel Schachter

I think there’s a sefer that says wearing them is “dangerous” and some people think that means spiritually dangerous.

Halacha & Hashkafa

Can A Jew Shave On Chol HaMoed?

By Rav Hershel Schachter

Rav Moshe says it’s muttar, strictly speaking, but since so many people don’t shave on Chol HaMoed, it’s better not to, he said.

Halacha & Hashkafa

A Loan Disputed (Shulchan Aruch, Choshen Mishpat 79:4)

By Raphael Grunfeld

The witnesses testify that they saw the plaintiff give money to the defendant but they don’t know the nature of the transaction.

Halacha & Hashkafa

Another Slice, Please!

By Rabbi Meir Orlian

"I'm not sure whether a single Seder group can split," said Mr. Kadosh. "But look! I see Rabbi Dayan; maybe he has an idea."

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

A Convert’s Benefit ‘Blemishes Are Only Post Sinai’ (Horayos 10a)

Featured / Halacha & Hashkafa / Features

The Halachic History of the Expanding Kezayis

By Rabbi Dr. Natan Slifkin

He points out that medieval Ashkenazic authorities never saw an olive. Olives do not grow that far north; they only grow in the Mediterranean region.

Halacha & Hashkafa / Interviews and Profiles

Is Grape Juice Acceptable For The Arba Kosos?

By Rav Hershel Schachter

What about the Gemara that says you can squeeze out a cluster of grapes on Erev Shabbos and make Kiddush on Shabbos? They said that’s only if you didn’t treat the grape juice chemically to prevent it from fermenting.

Halacha & Hashkafa

Which Statement To Believe? (Shulchan Aruch, Choshen Mishpat 79:3)

By Raphael Grunfeld

By denying the existence of the loan altogether, the defendant in 79:1 admitted, by implication, that he did not repay it – because nobody repays a loan he says he never took.

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

The Mitzvah To Obey The Wise ‘If Beis Din Issued A Ruling’ (Horayos 2b)

Halacha & Hashkafa

Storage Sale!

By Rabbi Meir Orlian

"What about the Jewish clients?" asked Mr. Cohen. "That's a problem; they're keeping their chametz in our warehouse!"

Halacha & Hashkafa

Daf Yomi

By Rabbi Yaakov Klass

Not Wanted – Dead Or Alive ‘A Mouse That Fell Into A Cask Of Beer’ (Avoda Zara 68b)

Halacha & Hashkafa

The Loan Is For You!

By Rabbi Meir Orlian

Pinchas called Rabbi Dayan and asked: "If my brother takes a $30,000 loan from the bank intended for me, and I reimburse him for the monthly installments, do we need a heter iska?"

Halacha & Hashkafa

Choshen Mishpat 79:2

By Raphael Grunfeld

If witnesses subsequently testify in court that the defendant indeed borrowed money but repaid it, the defendant has to pay if the plaintiff claims otherwise. Why?

Halacha & Hashkafa / From the Paper

Do Lipstick And Toothpaste Need To Be Kasher L’Pesach?

By Rav Hershel Schachter

So strictly speaking, you don’t need to buy toothpaste or lipstick that has a kasher l’Pesach hechser, but if you can get one with it, why not?

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Avoiding A Catastrophe ‘A Ger And A Gentile Inherited…’ (Avoda Zara 64a)

Halacha & Hashkafa / From the Paper

“You Don't Owe!”

By Rabbi Meir Orlian

The following day, Mr. Metzger called Mr. Rubin. "I appreciate your honesty," he said. "However, I reviewed the records, and I'm certain there's no outstanding balance."

Halacha & Hashkafa / From the Paper

Can You Look Me In The Eye And Lie? (Siman 79:1, Continued)

By Raphael Grunfeld

As for the debtor’s statement that he never borrowed money from the plaintiff, it has been undermined by the two witnesses who testified that he did.

Halacha & Hashkafa / From the Paper

Free Sprinkles!

By Rabbi Meir Orlian

"Whoever came in contact with a corpse or was in a cemetery must also be sprinkled on twice beforehand with water that has ashes of the parah adumah, the red cow, mixed in."

Halacha & Hashkafa / From the Paper

Kasher LePesach Light Bulbs

By Raphael Grunfeld

If chametz became mixed with non-chametz on Pesach, the mixture is prohibited on Pesach even if the ratio of the permitted non‑chametz to the forbidden chametz is 1,000 to 1.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Who’s The Boss? ‘One Hired A Laborer To Assist Him In Yayin Nesech’ (Avodah Zarah 62a)

Halacha & Hashkafa / From the Paper

Caught In A Lie (Siman 79:1)

By Raphael Grunfeld

By denying the existence of the loan, the debtor, by implication, also admits that he did not repay it.

Halacha & Hashkafa / From the Paper

Borrowed Costume

By Rabbi Meir Orlian

"My son dressed up as a lion last year," exclaimed Mrs. Kahn. "We bought this great costume. It was so realistic!"

Halacha & Hashkafa / From the Paper

Pesach Medication And Alcohol

By Raphael Grunfeld

May a person who wants to eat chametz that everybody else finds inedible do so?

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Our Turn ‘A Gentile Nullifies His Idolatrous Relic’ (Avodah Zarah 52b)

Halacha & Hashkafa / From the Paper

For One Or All?

By Rabbi Meir Orlian

Yaakov looked at the will again. "Why do you say that?" he asked. "The will does not say to give $10,000 to each grandchild. It says that $10,000 is granted to the grandchildren as a group. Divide the sum among you!"

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

An Idolatrous Eruv ‘Wood From An Asheirah Tree’ (Avodah Zarah 49b)

Halacha & Hashkafa / From the Paper

Food In The City Bishul Akum (Avodah Zarah, 35b, 38a)

By Raphael Grunfeld

The prohibition of bishul akum does not cover foods which have been prepared for eating by a process of salting or pickling rather than cooking and neither does it apply to smoked foods.

Halacha & Hashkafa / From the Paper

Kosher Cheese And Milk (Avodah Zarah 29b)

By Raphael Grunfeld

Yet, notwithstanding all of these arguments, cheese manufactured by non-Jews remains prohibited today by the halacha. Why?

Halacha & Hashkafa / From the Paper

‘I'm Quitting!’

By Rabbi Meir Orlian

A week went by. Aryeh began finding the work lonely. "The work is lonely now that the other worker is not here," he told Mr. Farber. "I don't know if I can continue."

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

When Is Chalav Akum Allowed? ‘When Milked By A Gentile…’ (Avodah Zarah 39b)

Halacha & Hashkafa / From the Paper

A Lost Promissory Note Could Mean A Lost Case (Siman 78:7)

By Raphael Grunfeld

The borrower claimed he repaid the debt and took back the promissory note from the lender and then lost it.

Halacha & Hashkafa / From the Paper

Yes, There’s A Presumption That Loans Are Not Prepaid, But Here’s A Receipt To Prove It Was Repaid (Siman 78:6)

By Raphael Grunfeld

The heirs in the present situation are permitted to bring witnesses who testify to the fact that they saw the debtor repay the loan, before the maturity date, when he was still live.

Halacha & Hashkafa / From the Paper

Mixed Drinks And Mixed Marriages (Avodah Zarah 29b)

By Raphael Grunfeld

According to Tosafot, the rabbis were concerned that if one would be allowed to benefit from non-Jewish wine at all, it might lead to participation in these idolatrous practices.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

An Essential Agent ‘Set In The Skin Of The Rennet Of Nevelah’ (Avoda Zara 35a)

Halacha & Hashkafa / From the Paper

‘Deny!’

By Rabbi Meir Orlian

Usually the parties reach a settlement agreement in the end or the dayanim rule a compromise.

Halacha & Hashkafa / From the Paper

Idolatry Or Not? (Avodah Zarah 2a)

By Raphael Grunfeld

The Rambam describes the history of idolatry as beginning with the adulation of God’s creation and culminating in the erection of monuments to celebrate the heavenly hosts.

Halacha & Hashkafa / From the Paper

Shaliach Mitzvah Money

By Rabbi Meir Orlian

Mr. Berger called home to see if he left his wallet there by mistake. "I'll check right away," said his wife. She called back two minutes later that the wallet was on his desk.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Exchanging Land? ‘Nor Shall You Show Them Favor’ (Avodah Zarah 20a)

Halacha & Hashkafa / From the Paper

Why Does The Mechaber Repeat Himself? (Siman 78:5)

By Raphael Grunfeld

Any defendant who denies a claim in its entirety must take the Shevuat Heiset oath of denial.

Halacha & Hashkafa / From the Paper

The Grass Is Greener: Litigating in Non-Jewish Courts

By Raphael Grunfeld

What happens if a Diaspora Jew refuses to appear before a Jewish court of law or refuses to honor its judgment?

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

To Have Or To Hold ‘Renting Is Not Owning’ (Avodah Zara 15a)

Halacha & Hashkafa / From the Paper

You Must Believe Me That I Repaid You Earlier Today Because I Could Have Said I Repaid Yesterday (Siman 78:4)

By Raphael Grunfeld

Such a defense can only be raised at the end of the day because it is based on a migo. The migo is that if the borrower were lying, he could have come up with a better defense.

Halacha & Hashkafa / From the Paper

Intended Gift

By Rabbi Meir Orlian

"It won't be easy to buy another one," said Mrs. Lieber. "It was an odd sale item I found in an antique store. It's not right to give away what I got special for them."

Halacha & Hashkafa / From the Paper

Handing It Over

By Rabbi Meir Orlian

Someone dialed the police. It was too late, though. The thief had already fled the hall and disappeared into the street.

Halacha & Hashkafa / From the Paper

I Paid The Promissory Note This Morning – But Forgot To Take The Note Back Or Ask For A Receipt (Siman 78:3)

By Raphael Grunfeld

As we have seen, a debtor is not believed if he says he repaid the loan prior to the maturity date.

Halacha & Hashkafa

Shifting The Oath

By Raphael Grunfeld

One cannot expect the defendant to bring negative proof – that is, proof he does not owe what he denies, because how do you prove what does not exist?

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Don’t Tread On Me ‘If One Consulted A Sage, He May Not Consult Another’ (Avodah Zarah 7a)

Halacha & Hashkafa / From the Paper

Go Away Lender! This Land Is Mine. I Bought It From Your Borrower (Siman 78:2)

By Raphael Grunfeld

The justification for this is that a third-party purchaser has the ability to find out whether the land he is buying is encumbered by a lien.

Halacha & Hashkafa / From the Paper

Equal In The Eyes Of The Law (Shevuot 30a)

By Raphael Grunfeld

There is nothing more stultifying to the presentation of one’s case than a judge who allows one party to talk as long as he or she likes and cuts the other party off after a few words.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Was She Really Married? ‘One Said Two… The Other Said Three…’ (Shevuos 48a)

Halacha & Hashkafa / From the Paper

Educational Damage

By Rabbi Meir Orlian

When they finished talking, David said: I acknowledge that I was wrong, but Rabbi Bloch still had no right to break my phone. He owes me for the repair.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

A Talmidah Chachamah ‘If He Is A Scholar, He Is Not Sworn’ (Shevuos 41a)

Halacha & Hashkafa / From the Paper

Can One Vow Not To Wear Tefillin? (Shevuot 25a)

By Raphael Grunfeld

As a result of a shevuah or a neder, things the person had no obligation to perform must now be performed and things that would otherwise have been permitted now become prohibited.

Halacha & Hashkafa / From the Paper

Unequal Partners

By Rabbi Meir Orlian

The three came before Rabbi Dayan. Avraham described the situation and asked: "How should we divide payment of the rent and various bills?"

Halacha & Hashkafa / From the Paper

The Reluctant Witness (Shevuot 29b and 30a)

By Raphael Grunfeld

There are a number of conditions that must be met for a false oath to fall into the category of Shevuat Ha’eidut.

Halacha & Hashkafa / From the Paper

Recovered Coat

By Rabbi Meir Orlian

"You're kidding!" exclaimed Mr. Meyer. "That's my missing coat! Someone exchanged coats with me last year in shul. Funny that it wound up in your hands!"

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

The First And The Final ‘Aleph Lamed Chol, Yud Keh Kodesh’ (Shavuos 35b)

Halacha & Hashkafa / From the Paper

I Repaid The Loan Before The Maturity Date. Is That A Believable Defense? Siman 78:1 (continued)

By Raphael Grunfeld

Generally speaking there is a rule that a debt cannot be enforced against minor heirs because they have no ability to defend themselves.

Halacha & Hashkafa / From the Paper

Stolen Cash

By Rabbi Meir Orlian

Mr. Weiss rushed into his study. To his dismay, Mr. Miller’s envelope with the money also was gone. He immediately notified the police.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Posthaste ‘And He Simply Said: Bread’ (Shavuos 26b)

Halacha & Hashkafa / From the Paper

I Repaid The Loan Before Its Maturity Date. Is That A Believable Defense? (Siman 78:1)

By Raphael Grunfeld

If the debtor claims to have repaid the loan so early that day, the only possible scenario is that he actually paid it yesterday, the day prior to the maturity date.

Halacha & Hashkafa / From the Paper

Futures In Real Estate The Third Temple (Shavuot 16b)

By Raphael Grunfeld

Why was King David denied the eternal honor of building the Beit HaMikdash? Did God not command him to fight wars?

Halacha & Hashkafa / From the Paper

Competing Creditors And The Ketubah (77:11)

By Raphael Grunfeld

Although Shimon’s right of collection against Reuven’s estate preceded Levi’s, Levi did not violate Shimon’s prior right to the assets of Reuven’s estate.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

K’vod Ha’brios ‘Excluding Where He Was Preoccupied’ (Shavuos 18b-19a)

Halacha & Hashkafa / From the Paper

V.A.T. Refund

By Rabbi Meir Orlian

While in Israel, Dov purchased two large portraits. With the frames, the total price came to 1,200 NIS.

Halacha & Hashkafa / From the Paper

The Great Escape

By Raphael Grunfeld

The Talmud tells us that a lamp is lit over the head of each unborn child in its mother’s womb, enabling it to perceive all the ways of God throughout the world.

Halacha & Hashkafa / From the Paper

Is A Wife Responsible For Her Husband’s Debts (Even If He Spent All The Money On Himself?) Siman 77:10 (continued)

By Raphael Grunfeld

The woman’s defense to the husband’s claim for reimbursement that she merely co-signed the note at his request but did not, in fact, receive any of the borrowed money, will be rejected unless she has a migo.

Halacha & Hashkafa / From the Paper

Travel Expense Allowance

By Rabbi Meir Orlian

Mr. Muller spoke with some of the senior employees, who traveled often. He heard from them different approaches regarding travel expenses.

Halacha & Hashkafa / From the Paper

Daf Yomi

By Rabbi Yaakov Klass

Siddurim On A Bimah ‘The Heart Of Beis Din Provides For It’ (Shavuos 11a)

Halacha & Hashkafa / From the Paper

Halfway Houses (Arei Miklat) (Makkot 11a)

By Raphael Grunfeld

Once inside the ir miklat, the law prohibited the goel hadam from avenging the deceased’s blood.

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