legal documents: IOUs, bills of sale, etc.

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41 views

Can we really bind people to social contracts?

One of the ideas I've been struggling to understand are the nature of existence in regard to the idea of social contracts. For example, a social contract like a constitution seems to bind people to ...
3
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1answer
31 views

Can I notarize a document?

According to the gemara (bottom of Gittin 11a), you need to be "אפיצן" to documents in order for them to be considered valid, in order to be a "שטר שאינו יכול לזייף," a document that cannot be proven ...
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55 views

Contract Law and Intentions

If two parties write a contract with two clauses A and B, such that if the conditions of the first clause A, are not fulfilled then the contract defaults to the second clause B, and both parties have ...
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1answer
46 views

How do I understand Bava Metzia 1:6?

In the mishna B"M 1:6, it talks about finding a loan document with a lien on real property ("achrayus"), and not returning it, because we are afraid that the borrower and the lender are in cahoots to ...
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95 views

Unethical landlord

Ownership of an apartment building changed hands, and the landlord for the new owner is demanding unusually high additional monthly payments from preexisting tenants for parking privileges that are ...
9
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1answer
72 views

Is a check considered cash

If one paid someone with a check, and the recipient lost the check, does the giver have to write up a new check? One can say its like cash and if he lost then its not my problem, or one can say if I ...
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1answer
75 views

If I sign a contract without reading it (such as a website's Terms and Conditions), is it halachically binding?

Many websites and computer applications require users to agree to "Terms and Conditions". However, few users actually read them. Are such conditions halachically binding? Does it depend on whether ...
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47 views

Can a digital signature be used to finalize a kinyan?

That is, can a code generated by a computer act as a legally binding signature for a contractual agreement in halacha? If so, is this true even if the code is not certified by a trusted authorized ...
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27 views

May the Jewish year be abbreviated in legal documents?

In conjunction with this question I would like to know if the popular abbreviation for the Jewish year 5774 commonly written as תשע״ד may be used in legal documents and if so why.
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1answer
133 views

Haman servant of Mordichai: text of document

The gemara in Megillah 15 writes that Mordichai acquired Haman for a piece of bread. Rashi writes: וזה בא בפרוזבולי - מרדכי בא אליו בטענת עושר המן בא בטענת עוני שמכר המן את עצמו למרדכי קודם לכן ...
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83 views

Why no 15-minutes-early clause in English rabbis' contracts?

Rabbi Yitzchak Reuven Rubin wrote in 2001: In fact, it wasn't long ago that every rabbi in England was required by contract to "present himself fifteen minutes before the time of Divine worship." ...
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61 views

Writing the woman's name in a kasubah or get: Plonis *ben* Ploni

Instead of writing the name of the kallah (bride) Rivka bat Chaim (for example) it was written Rivka ben Chaim. In such a case what's the halacha? By a kasubah is it valid? Does it have to be written ...
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66 views

Substituting security deposit for final month's rent

A friend of mine who practices law gave me the following advice: Do not pay your final month's rent. Instead, tell your landlord to keep the security deposit as your last month's rent. That way, if ...
5
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1answer
69 views

How does Beis Din handle loans with interest?

If a borrower and a lender go to Beis Din with a loan document that stipulates interest, but the borrower claims he can at least collect the principle, how does Beis Din look at that? Do they ...
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1answer
94 views

Does one require a non-Jew to use beit din

Often, Jewish organizations have as a contract clause that employees agree to take issues to beit din and not (or at least, before) secular courts. But if the employee is not Jewish, is that ...
8
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1answer
155 views

naming convention for a Jew with a non-Jewish father?

If a Jew has a non-Jewish father and a Jewish mother, how is he or she: Called up to the Torah, Mentioned in legal documents, such as ketubot, and Mentioned for healing in mi shebeirach? Does any ...
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1answer
65 views

Why did people date divorce documents according to the Greeks?

According to this article on Jewish Encyclopedia, the conventional Jewish system of dating documents in the Middle Ages (a system called "מנין שטרות") was related to the accession of Seleucus I, the ...
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1answer
80 views

chassan/kallah signing the kesubah or tenaaim

I have seen bridegrooms and brides sign their names on their kesuba or tenaaim (prenup) before the chuppah (wedding ceremony). It seems maybe to be a chassidish custom, though I'm not sure. Is there ...
2
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1answer
176 views

Why is the ketuba left incomplete until the signing?

In the ketuba, the ק in the word "וקנינא" is sometimes left incomplete until the time that the ketuba is signed. Why is the ketuba left incomplete?
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1answer
88 views

Is there a stated freedom to contract?

In the United States (and other countries), there is the notion of the freedom to contract. This is the idea that two people of sound mind have the right to enter into any contract with one another ...
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1answer
144 views

need for civil marriage license in the frum world [closed]

I spoke with a Rabbi in Far Rockaway NY who indicated that in the frum world civil marriage license is not required. Just the religious ketubah is necessary?
6
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1answer
88 views

Why is the kesuba not written in a native language?

The kesuba (marriage contract) is written in a smattering of Hebrew with Aramaic thrown in. It is possible that onr or both parties may not know what all the words in the kesuba mean. Furthermore it ...
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43 views

Is it permissible to create a prenuptial agreement regarding nonmonetary issues?

Is it permissible to create a prenuptial agreement that includes clauses about things other than money? For example, it is common in the United States for a marrying couple to come to an agreement ...
6
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1answer
150 views

Is the ketuba enforceable in American law?

The Ketuba is written in Aramaic, so it might not be easily understood by an English-speaking judge; however, it is still a contract. On the other hand, the ketuba is not (necessarily?) signed by ...
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106 views

Language of a ketubah for marriage

Can I write a ketubah in English or possibly in Hebrew? Or must it be in Aramaic? The problem is that my friends and I do not speak Aramaic any longer. Our Babylonian-Jewish ancestors did, but we ...
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2answers
380 views

Marital Prenups

In 1993 Rabbi Mordechai Willig, a Rosh Yeshiva at YU and a member of the Beth Din of America, drafted a prenup for use at Jewish weddings to avoid future Aguna/Mesorevet Get problems. The agreement ...
6
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1answer
146 views

What is the status of a married woman without a kesuba?

If a married woman loses her kesuba, may she continue to sleep with her husband? Is she still legally considered married? If she sleeps with someone else, has she committed adultery?
14
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1answer
195 views

How much must one do to to sign a contract?

Nowadays most software comes with a EULA. In order to install the software one must click the "agree" button. However, there are some software that says are distributed through different licenses. For ...
4
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2answers
337 views

How is a heter iska made to work with a non-business loan?

I understand that a heter iska is basically a method of restructuring a loan as an investment, done in such a way that the lender/investor is more-or-less guaranteed to get his capital back, plus a ...
4
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2answers
297 views

If a woman converts, marries, and divorces — how is she identified in her next ketubah?

If a woman converts, marries, and divorces -- how is she identified in her next ketubah? Matrachta (divorcee) or Giyorta (convert-ess)? Does it matter? Is there a convention which term is used for ...
6
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2answers
166 views

Is one allowed to cancel a check?

If I give a check to someone (as a gift) and I change my mind, am I halachically allowed to cancel it, or do we say that the check is a shtar, and by signing it is considered as if I gave him the ...
6
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2answers
124 views

Check that did not clear

If I give a check in payment of an obligation or purchase and the check never cleared. The recipient never called me to say he lost it or misplaced it. Do I have to call the recipient and give him ...
7
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1answer
634 views

How do those rabbis opposed to the RCA (“Rabbi Willig's”) prenup feel about the Nachlas Shiva document?

Many American rabbis will refuse to perform a wedding unless the couple has a specialized prenup regarding halachic divorce. This is known as "The RCA prenup" or "Rabbi Willig's prenup." From what I ...