Yechiel Michel Epstein

Yechiel Michel Epstein

Summary

Portrait of Yechiel Michel Epstein Yechiel Michel Epstein Translation:Arukh ha-Shulchan…

That's why a person cannot legally bequeath property to someone who is not an heir (Chapter 6, Laws of Inheritance) . The reason seems to stem from the words 'a decree of judgment', which also gives him the Biblical right to increase the portion of one heir and decrease the portion of another (as explained the Rambam, chapter 6 and later in chapter 281) . This is also a type of inheritance and is like an act of the court that requires daytime. Therefore, if two visit a sick person and he does not wish to change the Torah mandated default distribution he need do nothing.
Source: Wikisource

Portrait of Yechiel Michel Epstein Yechiel Michel Epstein Translation:Arukh ha-Shulchan…

The answer to this problem is that the Rambam believes that the Rabbis do agree with Rabbi Meir's derivation, that a connection between the verses of plagues and that of judgment leads to the conclusion that monetary and capital court cases must start during the day. However, while Rabbi Meir's position is that the complete case must be processed during daytime, the Rabbis derive from the verse: "You shall judge the people at all times..." that monetary cases can be concluded at night.
Source: Wikisource

Portrait of Yechiel Michel Epstein Yechiel Michel Epstein Translation:Arukh ha-Shulchan…

Section 4 Our Rabbi, the Rama has written that in current times we do judge on Friday and the day before a Festival to prevent the interruption of the scholars' teaching and studies, for all week they are engaged in their studies and on Friday they usually have a lighter schedule and are available to judge. Therefore, if the court sees the need to judge on these days it is permissible (Levush) . This custom is based on the judge's acquiescence only. Litigants cannot force each other to appear at court on these days (Sefer Mi'eros Anayim) .
Source: Wikisource

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