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Posts Tagged ‘Gemara’

Mechilah without a Kinyan with a Shtar

‍‍י״ח מרחשון תשס״ח - Tuesday, October 30th, 2007

I must confess, this post is rather late. We first saw the קצוה"ח on which it's based last Thursday night, but until tonight (Mon), I didn't really have a clear enough understanding in everything to feel comfortable letting anyone see my (limited) understanding. Thanks to some clarifications in today's שיעור and a discussion with my חברותא, I now feel I understand this fairly well.

The שולחן ערוך writes that מחילה works without any קניין required. That is, if Reuven owes Shimon money, and wants to forgive the debt, he can do so without any formal מעשה קניין. There's a discussion amongst the פוסקים whether this is true if Shimon has a שטר testifying to Reuven's deby.

Mechusar Amanah (2)

‍‍ט״ז מרחשון תשס״ח - Sunday, October 28th, 2007

Earlier, we discussed three סוגיות dealing with מחוסר אמנה. In this post, we'll discuss the הלכה למעשה, and try and explain all three sources according to both sides.

Mechusar Amanah

‍‍י״א מרחשון תשס״ח - Tuesday, October 23rd, 2007

Note: this post contains no original ideas, nor even any attempts at originality. Instead, it's simply my way of making sense of a complicated issue.

While we've seen the concept of מחוסר אמנה in the פוסקים for two weeks already, yesterday was the first time we started looking into the גמרא. In brief, מחוסר אמנה is when two people reach a verbal agreement, and all the terms are agreed upon, but no money has been transfered (and obviously no קניין has been made). If one of them backs out at that point, he has done a Bad Thing™.

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