Questions tagged [conditional-stipulation]
The conditional-stipulation tag has no usage guidance.
29 questions
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Why would non-kohen soldiers give conditional divorces and not immediate divorces?
I've been reading (for example, here) about how Jewish soldiers since the times of King David have given their wives conditional divorces, that are designed to take effect only if some number of years ...
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Is a conditional Get kosher
Is it valid if a get is given to a women with a condition say.. if you move to china within 50 years of the giving of this get the get becomes null and void from day one and anyone she remarried ...
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If a Gett is given on condition the husband does not return what is considered "returning"?
Apologies if this is answered simply elsewhere -- I haven't studied the laws of Gittin, but this question doesn't seem to be addressed in the connected mishna in Gittin 76a.
In Ketuvot, 2b, the text ...
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Yehareg v'al ya'avor – what about retroactively?
Based on this question and this question.
If someone has possibly committed one of the Big Three sins, and the only way to get out of it retroactively is to commit suicide, is suicide allowed? Is it ...
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Did Rabban Shim'on ben Gamli'el accept the stipulation of the court?
The Mishna (Demay 7:3) gives the case of a worker who doesn't trust his employer to separate tithes. The worker has to separate tithes himself, i.e. 1% (1 fig out of 100) for terumat ma'aser, and ma'...
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Stipulated Kiddushin case Halachah
I was presented with the following scenario, that differs a bit from the one in Kiddushin (48-50) and couldn't figure the Halacha:
A man gives a woman a coin of unknown value before Kosher witnesses (...
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Can someone demand the return of a gift that was not used properly?
Let's say my friend tells me that he needs $2,000 to pay his rent. I give him the money and tell him that I expect that he use this money only to pay the rent.
I discover that he eventually used the ...
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What happens when you have conflicting conditions?
Eruvin 3:8:
מַתְנֶה אָדָם עַל עֵרוּבוֹ וְאוֹמֵר, אִם בָּאוּ גוֹיִים מִן הַמִּזְרָח, עֵרוּבִי לַמַּעֲרָב. מִן הַמַּעֲרָב, עֵרוּבִי לַמִּזְרָח. ... אִם בָּא חָכָם מִן הַמִּזְרָח, עֵרוּבִי לַמִּזְרָח. ...
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Using a gift with condition for Matanot L'Evyonim
(Related to this) I understand one can give matanot l'evyonim by way of a messenger.
I was given a gift this year for Purim -- someone gave me a $5 check with the recipient space left blank and told ...
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What constitutes "sending" Manot?
On Purim, I will drive around and deliver my mishloach manot. However, if a person is not home, I might leave the package at his door. If he doesn't arrive until days later, have I still satisfied my ...
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Dismantling a Succah on Chol Hamoed in order to rebuild it
A succah is huktsa, set apart, for its mitzvah usage and therefore cannot be dismantled on Succos. See here in the Shulchan Aruch.
To clarify, although the words used in the shulchan aruch are to ...
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Did the half tribe of Menashe have the same conditions as the tribe of Re'uven and Gad?
Prior to giving Gad and Re'uven land on the East side of Jordan River, Moses makes them keep a condition:
Numbers 32:20-22:
וַיֹּ֤אמֶר אֲלֵיהֶם֙ מֹשֶׁ֔ה אִֽם־תַּעֲשׂ֖וּן אֶת־הַדָּבָ֣ר הַזֶּ֑ה
...
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Does anyone hold that you could be "masneh al mah shekasuv baTorah" in all cases?
The gemara on Bava Metzia 94a brings a discussion about "מתנה על מה שכתוב בתורה," about someone who makes a condition that is contrary to something that is written in the Torah.
דתניא האומר לאשה ...
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What mean the words Girsha and Mochel?
These two words seems related to each other. I often heard "he is mochel the tnay (the condition)" or " girsha stam". I think it means something like he abandoned his condition but I can't find the ...
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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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Why does the Kohen Gadol need to divorce his wife in such a complicated manner?
On Yom Kippur, the Kohen Gadol must be married to exactly one wife. We are also concerned about her passing away.
So the Gemara suggests that he gives a get to one wife on condition that the other ...
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Is there any current rav or authority that issues conditional gittin?
I understand that King David would ask his warriors to give a conditional get (divorcec) to their wives prior to leaving for war. This way, if the wives did not hear about their husbands after the war ...
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Halacha for a lending library dealing with publishers' stipulations
I operate a free book-lending library which is funded by donations of money and of books. Somebody donated some books to the library that state inside that it is not permissible for libraries to lend ...
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Receiving financial benefit to give maaser money
Is there any problem with receiving money in exchange for giving maaser or tzedeka to a particular person.
For example Reuvan has $1000 maaser and Shimon comes to him and says "give the money to levy ...
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How could David lie with Bat Sheva if she had a Safek Get?
Tosafos version of Rashi in the Gemara Kesubos 9b implies that there was a get on condition that Uria (Bat shevas husband) won't come back. So if David didn't know if Uria would come back or not how ...
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Can a synagogue appropriate the contents of charity boxes not removed before a specified time?
There are lots of charity boxes from different organisations put out on a table in the foyer of our synagogue on Purim.
The wardens have attached a note that says that boxes not taken away by the end ...
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Receiving money for a day's work, considering it to cover a debt?
I will pose this general question by presenting the following scenario:
Reuvan works for Shimon. One time, at the end of the day, when Shimon came to pay Reuvan for that day's work (which was $100.), ...
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Problem of Ribis in giving loan in order to give Tzedeka
(In order to understand the dinim of Ribis and if this particular case would be problematic I will give a localized example. However please don't close the question or say it's too "local" because the ...
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Making a tanai on Scach
It says in SA Siman 638 that one may make a tanai (condition) on the "noi sukkah" (sukkah decorations) in order he should be able to use it during the chag and that it won't become muktzeh l'mitzvaso (...
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Kiddushin 'Al Tnai and the effect of Nissuin
I just read a comment online asking, in a particular 'Agunah situation, why there was not an agreement before the wedding to allow a rabbinical court to a annul the marriage.
Is this a legitimate ...
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Can I make a condition that any money I think to donate to Tzedakah is an invalid donation until I actually give it?
Is it possible to make a Tenai [condition] that any money I think to donate to Tzedakah is an invalid donation until I actually give it? I would want to do this because a Meshulach [collector] may ...
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How to fix Mamzeirim
There is a Gemara in Kesuvos (2b–3a) where it says that if someone divorced someone on condition and then didn't fulfill the condition, the woman doesn't become divorced, she becomes un-married ...
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Is one allowed to conditionally make Aliyah?
The Rambam (Melachim 5:9 - English here) lists the conditions whereby one is allowed to leave the Land of Israel. (Also discussed here).
Once one moves to the Land of Israel, it would appear that he ...
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Stipulations based on "correct" halacha vs. "לא בשמים היא"
It is my understanding that halacha is determined by individual p'sak. That is, there is no divine body of halacha which we are trying to determine with poskim issuing their p'sak based on what they ...
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