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9

She is definitely still married, so adultery remains absolutely forbidden. However, they must get a special new replacement kesuba written up before they may return to regular intimacy. (Shulchan Aruch Even HaEzer 66:3)


6

There is a discussion of this topic here. Summary: There is no obligation for a buyer to inquire after a seller regarding why a check has not been cashed. However, if the seller confronts the buyer to request another check, then it depends: If the original check is ruined or expired, the buyer has an obligation to write another check. If the original is ...


6

See the Fall 2010 issue of Tradition, with the article entitled "A Marital Agreement to Mediate" by R. David Joseph Mescheloff and also the letters section of the Spring 2011 issue, with letters by R. Howard Jachter and the author. The dispute is whether R. Moshe Feinstein and R. Soloveitchik supported the use of prenuptial agreements (according to R. ...


5

Quick answer: Yes and no. Any religious or doctrinal aspects of a kesubah itself cannot be enforced under American laws because of Constitutional issues involving the free exercise and establishment clauses to the First Amendment. However, courts have and can enforce strictly secular sections of kesubahs or separate secular agreements between a Jewish ...


4

Rav Asher Weiss writes in his approbation of the RCA Prenup about supporting the RCA Prenup from the Nachlas Shiva document: לענ"ד אין זה ענין לני"ד דנראה לכאורה דתקנה זו עיקרה ויסודה באמת להבטיח את קיום האשה והספקת מזונותיה, ולא כאמצעי לאלץ את הבעל לגרש את אשתו, וא"כ אין מזה ראיה לנידון דידן.‏ In my humble opinion this is not related to our case ...


4

According to many poskim, a heter iska does not work in such situations. See The Laws of Ribbis, p.395. There are also many banks in America with some Jewish owners or investors, but that raises a separate issue of partially Jewish-owned corporations.


4

The book חוקת הגר (about which and about whose author, warning, I know nothing) writes (on page 22): גיורת שנתגרשה ורוצה להנשא שנית, יש לכתוב בכתובתה גיורתא דא שלא נשכח ייחוסה, ואין כבר צורך לכתוב מתרכתא דא כי בגיורת יודעים שהיא אסורה לכהן.‏ Or, in my own free translation: In the case of a female convert who was divorced and wants to remarry, ...


4

Not only the k'suva is necessary: there's more to a marriage, in Judaism, than that. But it's true that you don't, according to Judaism, need a New-York-State-legal marriage to be considered married. Moreover, religious Jewish societal norms are such that religious Jews will generally consider you to be married if you are married according to Judaism and not ...


4

Igros Moshe Even HaEzer 4:90 says that it is a good idea L'Chatchila to have an English translation connected to the actual Kesuba.


4

Even if such a database existed, in the case of the Gemara it would not have helped the purchaser. The Gemara (12b) sets up the concern of this case to be that the document was written, but then not given to the borrower until later, in which case a purchase made between the time it was written and the time it was given would in reality not be subject to ...


4

Journal of the Beth Din of America 1:1, page 32: -3. Non- Jews: Tashbetz assumes that, technically speaking, the prohibition against litigating in secular court would apply even in the context of a non-Jewish adversary. However, one may assume that a non-Jew will not willingly appear before a beit din, and accordingly one may bring the non-Jew before ...


4

'3. Is easy, mi shebeirachs are done with the mother's name. '1. If he goes by a particular name you can often stick with it, but if he didn't have one, or if you're dealing with legal documents ... '2. The Rabbinical Council of America handbook for rabbis says to use "so-and-so the son of [mother's name]." I spoke with one seasoned rabbi who said he's ...


3

The signature of a person on a contract or on any other document involved in any form of transaction between two or more parties is considered be an absolutely valid Halachic Kinyan. A person who has signed such a document may not back out of the agreement that he has signed without the express permission of the other party involved. The signature of ...


3

I don't know that it is necessarily a Chassidish custom, but it is an Israeli one. Some sources include Orchas Mishpat 1. Yabia Omer 3 Even HaEzer 13, Trumas HaDeshen 2:232, Rashba on Bava Basra 175a and Nahar Mitzrayim 192b. According to Rav Ovadiah Yosef who sums up most of these sources in his responsa in Yabia Omer the reason to to halakhically ...


3

The Aruch Hashulchan writes that one is allowed to write spare contracts. He says that we don't say that it looks like a lie (the scribe writes that someone borrowed money before it happened) unless there are witnesses signed there. However, he says that some say not to write the last part of the contract (the Toref). This is usually taken care of by not ...


3

The concept of "freedom of contract" certainly exists in Jewish Law (with limitations, as you mentioned). The Rambam formulated this concept as follows: "כל תנאי שבממון קיים". He mentions it in numerous places: הלכות אישות, פרק ו, הלכה י, ופרק טז, הלכה ח; הלכות שמיטה ויובל, פרק ט, הלכה י; הלכות מכירה, פרק יג, הלכה ג, ופרק יט, הלכה ח; הלכות שלוחין ושותפין, ...


3

According to Rabbis Yonah Reiss and Ezra Schwartz (and the latter was reviewing a class given by Rabbi Ben-Haim), heter iska can be used for non-business loans. The reason is that the borrower has other assets, which he has decided not to sell off in order to fund whatever he is using this money for. As such, the retained assets are the investment that is ...


2

I would argue that part of the institution of check-writing is the understanding that one may cancel the transfer of funds at any time up until the funds have actually been drawn. Keep in mind: If a dispute arises over the legitimacy of the check itself, or if one decides to cancel a gift, then one has that right. I think that in many cases, like this ...


2

Based on the legal definition of a check it would seem to me that it is alot more than just a piece of paper, and you have no right to cancel it.


2

In the Bavli to that Mishna (Gittin 80a), 'Ula explains that the reason there was an enactment made to write the date according to the local government was "משום שלום מלכות" "to maintain peace with the government". Rashi explains that the governments would see we use their dating system and assume that we value their leadership. Accordingly, Rambam rules ...


2

The Shulchan Aruch Hilchos Ribbis Yorah Deah Siman 161 Sif 11 states that a loan document that stipulates interest - regardless if the nature of the interest could be categorized as forbidden according to the Torah or a Rabbinical prohibition - can be used to collect the principle of the loan only and not the interest on the condition that it's obvious from ...


1

As stated on Torah.org (as translated) by Rabbi Aaron Tendler the conclusion is: [I]f the seller approaches the buyer and requests a new check because he had lost the previous check, the buyer has no obligation to provide the seller with a new check. ... It would be proper, however, for the buyer to go Lifnim MiShuras HaDin (beyond the letter ...


1

The source is אגדת אסתר ה׃ט. See page 30 in http://www.daat.ac.il/daat/vl/agadatester/agadatester03.pdf. The text there is: אני המן האגגי עבדו של מרדכי היהודי שנמכרתי לו בככר לחם אחת


1

Thirty two years ago I gathered material for an article I never brought myself to write. The RCA had not yet endorsed pre-nuptual agreements that require mandatory arbitration through a bais din and, in fact, were on the record opposing such agreements. In 1954, following the drafting of such an agreement by Conservative Rabbi Saul Lieberman, the RCA went ...


1

The short answer is that it depends what the license is asking of you. There is a concept in halacha of accepting a contract without signing anything. For instance, a Get can be thrown into somebody's yard and it is accepted as valid. However, these sort of things depend on what is being asked, what is permited/prohibited and the relationship of how you ...



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