Hi,
One who wishes to support an individual may give him a gift with explicit conditions for its use, such as a stipulation that it not be used to re-pay certain debts. Despite the debtor's obligation to re-pay his debt, this money may not be used for that payment.
(Pitchei Choshen, Halvaah 2:28)
Have a great day,
Mordechai
Showing posts with label Gifts. Show all posts
Showing posts with label Gifts. Show all posts
Wednesday, October 30, 2013
Sunday, July 19, 2009
A mistaken deathbed gift, Part II
Hi,
If a person is on his deathbed and he distributes all of his estate, but saves some, we assume that he took into consideration the fact that he might miraculously survive.
Therefore, if he does survive then all of the gifts he gave are still valid, and are not disqualified by his survival (unless he specified during the giving that he is distributing these gifts with the expectation that he will not survive).
(Code of Jewish Law Choshen Mishpat 250:7)
Have a great day,
Mordechai
If a person is on his deathbed and he distributes all of his estate, but saves some, we assume that he took into consideration the fact that he might miraculously survive.
Therefore, if he does survive then all of the gifts he gave are still valid, and are not disqualified by his survival (unless he specified during the giving that he is distributing these gifts with the expectation that he will not survive).
(Code of Jewish Law Choshen Mishpat 250:7)
Have a great day,
Mordechai
Saturday, July 18, 2009
A mistaken deathbed gift
Hi,
We have been learning about gifts.
If a person is terminally ill and bedridden and he gives away all of his property, and then he is healed to the point that he regains mobility and is free of illness, then his gifts are automatically nullified. It is assumed that he only gave away all of his assets because he believed he would die from that bout of illness.
(Code of Jewish Law Choshen Mishpat 250:2)
Have a great day,
Mordechai
We have been learning about gifts.
If a person is terminally ill and bedridden and he gives away all of his property, and then he is healed to the point that he regains mobility and is free of illness, then his gifts are automatically nullified. It is assumed that he only gave away all of his assets because he believed he would die from that bout of illness.
(Code of Jewish Law Choshen Mishpat 250:2)
Have a great day,
Mordechai
Thursday, July 16, 2009
Deathbed gifts
Hi,
A deathbed gift is automatically binding; it does not require any of the technical methods of closing a transaction in order to be binding.
The Talmudic rationale for this is that if a dying person had to jump through hoops to make his gift valid, that would torment him and even hasten his death.
(Code of Jewish Law Choshen Mishpat 250:1)
Have a great day,
Mordechai
A deathbed gift is automatically binding; it does not require any of the technical methods of closing a transaction in order to be binding.
The Talmudic rationale for this is that if a dying person had to jump through hoops to make his gift valid, that would torment him and even hasten his death.
(Code of Jewish Law Choshen Mishpat 250:1)
Have a great day,
Mordechai
Wednesday, July 15, 2009
Giving a gift through an agent
Hi,
If I give a gift to a recipient's agent, the gift is acquired by the recipient at the moment when the agent receives it.
The agent need not be appointed by the recipient; since the gift is beneficial to him, the gift may occur without his knowledge.
(Code of Jewish Law Choshen Mishpat 243:1; Meirat Einayim 243:1)
Have a great day,
Mordechai
If I give a gift to a recipient's agent, the gift is acquired by the recipient at the moment when the agent receives it.
The agent need not be appointed by the recipient; since the gift is beneficial to him, the gift may occur without his knowledge.
(Code of Jewish Law Choshen Mishpat 243:1; Meirat Einayim 243:1)
Have a great day,
Mordechai
Tuesday, July 14, 2009
Posthumous gifts
Hi,
A gift which is intended to apply posthumously ("Upon my death, so-and-so receives my pony") is not valid under Jewish law.
However: A gift which is given while one is alive, but hidden from public revelation until after death, is still valid.
(Code of Jewish Law Choshen Mishpat 242:6)
Have a great day,
Mordechai
A gift which is intended to apply posthumously ("Upon my death, so-and-so receives my pony") is not valid under Jewish law.
However: A gift which is given while one is alive, but hidden from public revelation until after death, is still valid.
(Code of Jewish Law Choshen Mishpat 242:6)
Have a great day,
Mordechai
Monday, July 13, 2009
A coerced gift
Hi,
If a person is forced into giving a gift, the gift is invalid regardless of any contract the giver signed.
Even if the giver has no proof that he was coerced, if we (an outside authority, such as a court of law) know it was coerced, the gift is invalid.
(Code of Jewish Law Choshen Mishpat 242:1)
Have a great day,
Mordechai
If a person is forced into giving a gift, the gift is invalid regardless of any contract the giver signed.
Even if the giver has no proof that he was coerced, if we (an outside authority, such as a court of law) know it was coerced, the gift is invalid.
(Code of Jewish Law Choshen Mishpat 242:1)
Have a great day,
Mordechai
Sunday, July 12, 2009
Partial gifts
Hi,
One may give a gift and reserve certain rights - for example, one may give a present to Person X with the stated condition that Person X may not in turn give it to Person Y, or may not use the present in a particular way.
(Code of Jewish Law Choshen Mishpat 241:5)
Have a great day,
Mordechai
One may give a gift and reserve certain rights - for example, one may give a present to Person X with the stated condition that Person X may not in turn give it to Person Y, or may not use the present in a particular way.
(Code of Jewish Law Choshen Mishpat 241:5)
Have a great day,
Mordechai
Saturday, July 11, 2009
Verbal commitment to give a gift, Part II
Hi,
We have begun discussing the laws of gifts.
If Robert says to Sam, "I am giving you Todd's house as gift," and Todd agrees and even confirms this with a physical act signifying his acquiescence, the gift is still non-binding for both Robert and Todd.
This is because Robert's words are non-binding, as are all verbal gifts; Todd's confirmation was simply a confirmation of empty words.
(Code of Jewish Law Choshen Mishpat 241:1; Meirat Einayim 241:5)
Have a great day,
Mordechai
We have begun discussing the laws of gifts.
If Robert says to Sam, "I am giving you Todd's house as gift," and Todd agrees and even confirms this with a physical act signifying his acquiescence, the gift is still non-binding for both Robert and Todd.
This is because Robert's words are non-binding, as are all verbal gifts; Todd's confirmation was simply a confirmation of empty words.
(Code of Jewish Law Choshen Mishpat 241:1; Meirat Einayim 241:5)
Have a great day,
Mordechai
Thursday, July 9, 2009
Promising to give a gift
Hi,
Today we begin a new topic, one we covered a few years back: Giving gifts.
The laws of gifts are primarily documented in the "Choshen Mishpat" section of the Code of Jewish Law, and deal with the question of when and how a gift is legally acquired.
A verbal declaration that one will give a gift is not binding [unless it is worded as an oath]. However, one who recants such a statement, if the statement is not obviously false/exaggerated to begin with, is considered to be dealing in bad faith.
(Code of Jewish Law Choshen Mishpat 241:1; Sefer Meirat Einayim 241:4)
Be well,
Mordechai
Today we begin a new topic, one we covered a few years back: Giving gifts.
The laws of gifts are primarily documented in the "Choshen Mishpat" section of the Code of Jewish Law, and deal with the question of when and how a gift is legally acquired.
A verbal declaration that one will give a gift is not binding [unless it is worded as an oath]. However, one who recants such a statement, if the statement is not obviously false/exaggerated to begin with, is considered to be dealing in bad faith.
(Code of Jewish Law Choshen Mishpat 241:1; Sefer Meirat Einayim 241:4)
Be well,
Mordechai
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