Lesson # 354 (part for - In English, fower) - Trivia challenge - where is that from? • Jurisdiction of a Beit Din Other Marital Cases (1) Chalitza arises when a husband dies and leaves no issue to perpetuate his name. Under certain circumstances, the legal process of Chalitza may be performed before a Beit Din to permit the widow to marry someone other than her late husband’s brother. The ceremony annuls the obligation to enter into a levirate marriage (Yibum). Chalitza is explained in the Torah in D'varim 25:5-10. This is the ceremony where the widow loosens the shoe of the brother-in-law and spits before him and declares ?My husband’s brother refuses to raise up unto his brother a name in Israel?? In regard to Chalitza, a difference of opinion exists regarding the number of persons required to be present. The teacher of the Mishna in T. Yevamot says the requirement is for three judges who need not be ordained. The Talmud explains the basis of his holding on the verse that states that the matter should be brought ?unto the elders? indicating at least two judges. Since a court may not consist of an even number of judges, another judge is added making three in all. There is an opinion in the Talmud that based on verses there should be five judges for Chalitza cases. The Talmud records that three judges and an additional two judges should be added. The additional persons are added to give notoriety to the event. (2) Mi'un is the annulment of a marriage by a women prior to her obtaining the age of majority if (1) after the death of her father, her mother or her brothers had contracted a marriage for her during her minority with her consent; or (2) if her father married her off while she was still a minor, and then her husband either died or divorced her, and while still a minor she is married off with her consent by either her father or mother or her brothers. According to Torah law only a father can contract a marriage for his minor daughter. Such marriage is binding on both parties as if voluntarily contracted by adults, and as such can be terminated only by death or divorce. By Rabbinic enactment, however, the mother or brothers can contract a marriage for a minor girl after her father's death with her consent; or, after her marriage, if her husband died or divorced her, her father or her brothers may marry her off with her consent. Prior to obtaining her majority, she may, by Rabbinic enactment, perform the ceremony of Mi'un and thereby annul the marriage. There are several views as to how many judges have to be present for her to perform this ceremony. The accepted view is before three judges. If, however, it was preformed before only two judges or sometimes even before one person it is valid. We have now completed the entire scope of the judicial functions that the Beit Din performed. As stated in an earlier lesson, most of the functions enumerated in these lessons are no longer performed by the Beit Din. I am setting them forth to give the reader a chance to read about things that he may not read elsewhere and thus become familiar with other Torah topics. Non-Judicial Functions: The first area of valuation involves fourth-year fruit and second tithes. The Mishna states: ?The fruit of fourth year trees and second tithes whose value is not known are redeemed before three.? The fruit of the tree of the first three years may not be eaten (Orla). The fruit of the fourth year is to be eaten in Jerusalem or the fruit may be redeemed and the money spent in Jerusalem. The redemption must be before three persons who determine its value. This is the amount of money to be taken to Jerusalem. Regarding the second year tithe the law is as follows: The 49 years between jubilees are divided into seven year cycles of seven years each. On the seventh year of each cycle the land must lie fallow (Sh'mita). During the other six years, the first tithe is given to a Levi. During the first, second, fourth and fifth years of the cycle, the second tithe is either eaten in Jerusalem or it may be redeemed and the money taken to Jerusalem to be spent there on food to be eaten there. During the third and sixth years, the second tithe is given to the poor. A second valuation arises when a person desires to redeem an object which he had dedicated to the Holy temple. There is a Mishna that states that things dedicated to the Temple are redeemed before three. A third valuation situation deals with the selling of movable objects to redeem a pledge to the Holy Temple. In the Mishna, Rabbi Yehuda states that one of the three must be a kohen. These laws refer to the situation where one pledges his own value to the Holy Temple and has no money to redeem his pledge. A kohen of the Holy Temple may then collect it out of his movable property and three judges are required to determine the value of the property seized by the priest. A fourth area of valuation involves the appraisal of real estate. This deals with a case where a person has made a pledge to the Holy Temple and now has no money to pay the pledge and no movable property on which the Holy Temple may make a levy. The levy is thus made on the pledgor's real estate. The fifth and final appraisal case mentioned in the Mishna is the valuation of a person who dedicates his own value to the Holy Temple. In such a case, the person is appraised in the same manner that a slave was appraised in the market. Moreover since many of the laws applicable to real estate apply also to slaves, the person is appraised before nine members of a Beit Din. Rambam in his codes states that if a person says "I pledge my value" or "I pledge that person's value" or "I pledge the value of my hand" or "the value of my foot", then his value or the value of his hand or foot is appraised by ten experts, one of whom must be a kohen. The subject matter of this lesson is more fully discussed in volume 1 chapter 1 of Jewish Jurisprudence by Emanuel Quint & Neil Hecht. Copies of both volumes can be purchased at local Judaica bookstores. Questions to quint@inter.net.il [The Parshat Vayeira Homepage]
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