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Questions tagged [legal-documents]

legal documents: IOUs, bills of sale, etc.

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66 views

Who owns Superman? [duplicate]

In the 1930s, two Jewish boys, Jerry Siegel and Joe Shuster, created the comic book character Superman. In 1938, badly in need of money, they sold the rights to the character for $130, to what would ...
3
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1answer
33 views

Who can we write a will for on Hol Hamoed

The Mishnah in Moed Katan 3:3 says: וְאֵלּוּ כּוֹתְבִין בַּמּוֹעֵד ... דְּיָתֵיקֵי They may write the following documents during the festival: ... wills [of a dying person] The parenthetical ...
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1answer
65 views

Which (non get/kiddushin) shtaros exist on a d'oraisa level?

Besides a get (written explicitly in the Torah Deuteronomy 24:1) & a shtar kiddushin (learned from a get via a hekesh Kiddushin 5a)- are there other shtaros that exist on a d'oraisa level, and if ...
5
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2answers
162 views

Why don't people ever get married via a shtar kiddushin?

The Mishnah on Kiddushin 2a lists 3 ways a woman can be mekudeshet (betrothed): via money, via the act of intercourse, via a shtar (document). Now I understand 2 of the acquisition methods: ✅ money-...
4
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1answer
102 views

Could a secular marriage contract conceivably be considered a shtar kiddushin?

Suppose a secular Jewish couple got civilly married- no halachik ceremony- and they get their marriage license. Could this marriage license serve as a Halachik Shtar, ie they'd need a Get if they ...
2
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2answers
211 views

Who composed the text for Tena'im?

In many Ashkenazy weddings, a document called tena'im is drafted and read at the Chatan's Tisch (Chattan's "table" - a separate rom or area where the groom, family members and friends gather prior to ...
3
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2answers
43 views

Are signed contracts binding after death for payments to be paid out over time?

Let’s say Reuven signed a contract that binds him to pay Shimon $100 per month, for 30 months. Reuven dies after, say, 15 months. What is Reuven’s heirs’ responsibility toward Shimon? Do they have to ...
6
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2answers
936 views

Is a female convert “bas Avraham” or “bas Sarah”?

...Or, I suppose, "bas Avraham v'Sarah?" What is the most authoritative name to use: 1) In tefilo? 2) On a document such as a conversion certificate or ketubah? If this varies by community, please ...
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0answers
29 views

what happens to documents when name change [duplicate]

if someone changed a name, (got a Jewish name, added a name to his name...) what happens to his/her document for example kesubah, does he need a new kesuba, or the old one is good how about if ...
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0answers
41 views

What's the purpose of a Modaah?

The Gemara in Bava Basra (40b) discusses the law of the Modaah, and says: דלא כתיב בה אנן ידעינן ביה באונסא דפלניא לאו מודעא היא מודעא דמאי אי דגיטא ודמתנתא גלויי מילתא בעלמא היא ואי דזביני והאמר ...
2
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0answers
108 views

Rabbi's contract with non Jew purchasing Chometz

I am interested in studying the contract Rabbi's use to sell the Chometz to a non Jew prior to Pesach. Is there a link where I can see such a contract?
3
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1answer
291 views

Purpose of “tana'im” today

In many Orthodox Jewish weddings I have attended, there is a short ceremony at the groom's table called "tana'im". This site explains: These are conditions agreed upon by the couple; both parties ...
1
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1answer
46 views

What was a shtar (document) for?

It seems that a possible prerequisite of knowing What recourse is available for someone whose property was seized by a creditor of the seller? is knowing what happened to a loan document? When ...
0
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1answer
180 views

Evil Eye from one's own wife?

Is it possible that one's own wife creates an "evil eye" or something of the sort, knowingly or unknowingly and ends up causing financial and health trouble? Is there any sort of "contract" couples ...
2
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1answer
120 views

Is one obligated to honor his word in a business agreement with a non-jew?

If one makes a certain agreement in business with a non-jew outside the range of something forbidden by the Torah itself (e.g to do something at a certain time or location etc.), is one obliged to ...
5
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2answers
148 views

What kind of physical damage affects a contracts validity (if any)?

This question had a picture of a Ketuba with some damage to the paper. In Jewish Law, what kind of damage would invalidate a contract? In that Ketuba, for example, the standard text is ripped, but ...
24
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3answers
5k views

Hebrew document found in grandfather's attic—what does it state?

I found this document in my grandfather's attic and would be thankful if someone could tell me (a) what this document is, (b) whether there are any names written, and (c) which, if any, religious ...
10
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2answers
201 views

Does the chametz sales contract need to be enforceable under secular law?

We go to great lengths to ensure that our pre-Pesach chametz sale is effective according to halacha. Thus, we effect the sale via various means of acquisition: kinyan kesef, kinyan sudar, kinyan agav ...
0
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1answer
53 views

How is one allowed to use a Modaah?

It says in Kesuvos 19b: מר בר רב אשי אמר אמנה היו דברינו אין נאמנין מודעא היו דברינו נאמנין מ"ט האי ניתן ליכתב והאי לא ניתן ליכתב Witnesses who said that this [contract was written on] trust ...
7
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1answer
90 views

Can an affidavit be used in Beit Din?

An affidavit, from what i understand, is basically a signed document given by a witness to be used as evidence in a trial, without the witness themselves needing to take a stand. Can an affidavit be ...
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0answers
31 views

What is the status of a shtar signed with a false name?

If Shimon signs a legal document/shtar in front of a Jewish court and with witnesses, but he signs his name as Levi instead what is the status of the document?
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0answers
174 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 ...
4
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1answer
64 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 ...
2
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0answers
121 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 ...
4
votes
1answer
65 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 ...
2
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0answers
160 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 ...
11
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1answer
848 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 ...
10
votes
1answer
215 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 ...
2
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0answers
95 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 ...
2
votes
2answers
247 views

Haman servant of Mordechai: text of document

The gemara in Megillah 15 writes that Mordechai 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 ...
9
votes
2answers
350 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." ...
6
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0answers
108 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 ...
4
votes
2answers
198 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
votes
1answer
110 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 ...
4
votes
1answer
334 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 employee'...
9
votes
1answer
854 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 of ...
6
votes
1answer
139 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 ...
3
votes
1answer
148 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
votes
1answer
629 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?
5
votes
2answers
121 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 ...
0
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1answer
1k 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?
7
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1answer
117 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 ...
3
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0answers
61 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 ...
8
votes
2answers
709 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 ...
7
votes
1answer
198 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 ...
15
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4answers
879 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 ...
16
votes
1answer
265 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 ...
6
votes
3answers
871 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
votes
2answers
548 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 her?...
6
votes
2answers
187 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 ...