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Shabbat Parashat Balak 5774

Balak | 7 Tamuz 5774 | 05/07/2014

Parashat Hashavua: A Head of State and a Rabbi?

Bilam’s last speech is a prophecy of events that were yet to come in the history of Am Yisrael, which he used to warn Balak, who hired him, what to expect. One of the things, which Bilam said was beyond the near future, is: “A star will surge forth from Yaakov and a staff (i.e., a leader) will arise in Israel” who will defeat various enemies of Israel (Bamidbar 24:17)

Ask the Rabbi: A Fading Ketuba

In our ketuba, the witnesses’ names have faded over the years to the point that they are barely legible. Is this a problem (we got married in Israel, so the Rabbanut has a copy of the ketuba)? Can I (the husband) ask the witnesses to resign their names? If not, what should be done?

Ein Ayah: Unspoken Mechila

[The rabbi who asked the question wanted to prove from the gemara’s discussion regarding chezkat habatim (the assumed ownership of one who has occupied a property for three years) that unspoken mechila is valid. Rava explains (Bava Batra 29a) that up to but not including three years, we may assume that the owner was mochel use of his field and eating of its produce. The gemara asks that this assumption is contradicted by the halacha that if the owner protests within three years, he receives back the produce that was harvested. While the gemara rejects the involvement of mechila in chezkat habatim, it seems to accept the possibility that mechila could have been effective, even though there was no spoken mechila. (A technical analysis of the sugya in Bava Batra ensues.)]

P'ninat Mishpat: Mechila that May Be Lacking

First we must analyze Reuven’s statement (literally, “empty the house”). Vacating the house would seemingly indicate an exemption from paying rent, and an oral mechila (relinquishing rights) is binding. (See Sanhedrin 24a, regarding one who was obligated to swear to be exempt and his counterpart lowered the severity of the required oath). On the other hand, Reuven did not explicitly relinquish rights to rent. It is possible that he demanded that Shimon move out and yet continue to pay [even if this sounds like an unreasonable demand].

Hemdat Yamim

is endowed by

Les & Ethel Sutker

of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and

Louis and Lillian Klein, z”l

Hemdat Yamim

is dedicated

to the memory of:

The kidnapped boys o.b.m.

Yaakov Naftali Frenkel

Gil-Ad Michael Shaer

and Eyal Yifrach

R' Meir
ben

Yechezkel Shraga Brachfeld

o.b.m

Rabbi Yosef Mordechai Simcha

ben Bina Stern o.b.m

who passed away

21 Adar I, 5774

R' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

R' Shmuel Shemesh z"l

Eretz Hemdah's

Board Member

who passed away

18 Sivan, 5774

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).