Thursday, June 16, 2022

Fwd: Business Halacha Daily


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From: Bais HaVaad Halacha Center <info@baishavaad.com>
Date: Wed, Jun 15, 2022, 8:00 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>


What Does a Contemporary Bais Din do When Someone is Obligated to Make a Shavuah?

Question:  The Gemara speaks about many cases where there is an obligation for one party to make a shavuah. How do contemporary batei din deal with that? 
 
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Rav Dovid Josilowsky

Answer:  Today's batei din will never tell someone to make a shavuah. This is because we are concerned about the punishment a person may incur from making a vow, even if it is true. Therefore, a case where someone is obligated to make a shavuah according to halacha will typically be solved with a peshara

The Divrei Malkiel notes that working out a peshara in such a case is not an exact science. Each case is different and must be evaluated on its own merits to see what type of compromise is most appropriate. 

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