Aron Grinshtein's Learning Blog

This is where I will be posting my Choshen Mishpat learning and Abarbanel Parsha writeups.

Thoughts of Shulchon Aurch structuring of concepts.

נ"ל שהשלחן ערוך מסדר הענינים כזה:
קודם כל מדברים מאי הוי שטרית כשרות.
אח"כ מדברים איזה שטרות הוי שטרות שאינם רגילים,
וכגון שטרות שנפל ושטרות שמכר ושטרות שנעשו בערכאות של גוים וכתבי יד
 Validate if that is true, but I think that is a general outline.  See if you can come up with another way of categorizing it.

Summary: מג

סימן מג:
You have to write the time on the document.
You cant write predated documents, it presents problems with those that buy property from the borrower as the lender now has a lien on his property from an earlier date.
Postdated documents need to be explicitly stated as per their status.  If it doesnt say that they were postdated or דאיקני than they are invalid.  The reason being, because the lender can end up gaining from a postdated document because now he will have a lien on properties which the borrower buys in the interim.  I.E. January 1st: "John" borrows money from "Bank".  January 15th: John buys a property from "Joel". February 1st: The transaction with the bank is now recorded.  So because they have recorded that the loan occurred later now the bank has a lien on that property that was really bought at a date after the loan.

There are many other details in this סימן but the main concepts are כותבין זמן השטר, שטר מוקדם ומאוחר.

סימן מ”ה טו”ר וב”י

This Siman discusses where the witnesses should sign.  Due to the lack of time available at the computer I will just mention some of them briefly. 

They should sign at the bottome of the document, not at the top or on the sides.  I believe there is an opinion brought down in the ב"י that you can sign on the top if there is space, its brought down in regards to a כתובה.

Also, the witnesses need to know what is written on the document as well as they need to be able to sign as well.  This is based on a Gemoro regarding גיטין that says that you are able to read the divorce document to the witnesses as well as enable them to sign.

To be continued...

Maamar Vayigash

I started learning a Maamar in עטרת this morning which was very interesting.

Here is the maamor in a nutshell.  It started off saying that we needed to understand with more depth this that it says, "כל ישראל ערבים זה בזה" that being connected with the Parsha becuase Yehuda was a guarantor for Binyomin.

The רבי רש"ב than asked a famous question, How could you say that אני ה' לא שניתי when we know that ה' created the world and whenever you create something you get involved in it and it has an effect on you, some sort of change occurs within you.

So he started to explain how אורות וכלים are merely לבושים and they aren't something which ה actually gets enveloped in.  He brought a couple of parables.  כח המשכיל and they parable of the apple and its colors.  The apple itself becomes expressed in those colors and it cant change them, Hashem doesn't.