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Shabbat Parashat Mishpatim 5784

Mishpatim | 1 Adar I 5784 | 10/02/2024




P'ninat Mishpat: Should the Will be Updated? – part II

Reuven and the defendant (=def) were married in a second marriage for each. Reuven wrote a will, leaving his main possession, a large, commercially used building, exclusively to def, and not to his children (=pl). Pl claim that in the year before his death, Reuven expressed several times to pl (sometimes in def’s presence) that he wanted them to receive significant portions of the inheritance. After operating the business for a few years, as Reuven wanted, def sold it for 1.6 mil. NIS, (claiming she kept it going as long as she could). [We saw that there were not grounds to invalidate Reuven’s will. Part II deals with def’s commitment to give some of the sale’s proceeds to pl]. Pl demand 60% of the sale’s proceeds, as def promised them several times after Reuven’s death, as she mentioned in WhatsApp messages. Def admits making the commitment, albeit without a formal document or act of kinyan. She claims that it is only for the following reasons that she refuses to keep her word. First, she thought she would be able to sell the property for housing, which would have brought in much more money; she needs the entire amount she received for her own support. Also, since making those assurances, she invested a lot of time and money into the property, due to which she deserves full proceeds. Finally, pl have asked their share from the gross sales price as opposed to her net returns (deductions include taxes and agent’s and lawyer’s fees).


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Ori Leah bat Chaya Temima

Arye Yitzchak ben Geula Miriam

Neta bat Malka

Meira bat Esther
Yerachmiel ben Zlotta Rivka

Together with all cholei Yisrael


Hemdat Yamim is dedicated

to the memory of:

Those who fell in wars

for our homeland

 

Prof. Yisrael Aharoni z"l

Kislev 14, 5783

 

Rav Shlomo Merzel z”l
Iyar 10, 5771


Rav
 Reuven & Chaya Leah Aberman z"l
Tishrei 9
 ,5776 / Tishrei 20, 5782

 

Mr. Shmuel & Esther Shemesh z"l

Sivan 17 / Av 20

 

Mr. Moshe Wasserzug z"l

Tishrei 20 ,5781

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 ,5776

 

MrsSara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10 ,5774

 

Rav Asher & Susan Wasserteil z"l
Kislev 9 / Elul 5780

 

R' Meir ben

Yechezkel Shraga Brachfeld z"l

&

MrsSara Brachfeld z"l

Tevet 16 ,5780

 

R 'Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Rav Benzion Grossman z"l
Tamuz 23, 5777

 

R' Abraham & Gita Klein z"l

Iyar 18,  /5779Av 4

 

Rav Moshe Zvi (Milton) Polin z"l
Tammuz 19, 5778

 

R' Yitzchak Zev Tarshansky z"l

Adar 28, 5781

 

Nina Moinester z"l

Nechama Osna bat

Yitzhak Aharon & Doba

Av 30, 5781

 

Rabbi Dr. Jerry Hochbaum z"l

Adar II 17, 5782

 

Mrs. Julia Koschitzky z"l

Adar II 18, 5782

 

Mrs. Leah Meyer z"l

Nisan 27, 5782

 

Mr. Shmuel & Rivka Brandman z"l

Tevet 16 5783/ Iyar 8, 5781


Hemdat
Yamim
is endowed by
Les z"l & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
 &
Louis and Lillian Klein z”l

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).

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