PEH823

A grandfather committed in a contract (Tannaim) concluded at the engagement of his grandson - whose father had died - to provide the grandson with 2000 shekels and a set of household furniture, and similarly to provide the young woman with 1000 shekels at the wedding. A penalty of 3000 shekels was stipulated in the contract. When the grandfather died during the engagement period, the uncle, who was a co-heir, wanted to fulfill the obligations only by offsetting them against the inheritance. Joseph ben Moses Alvares, referring to the responses of Rabbi Joseph ben R. Moses de Trani (?"? ? ?"?), considers the case highly doubtful. De Trani himself wrote that the disputed goods remained in the possession of the possessor until the claimant could present conclusive evidence for his claim; since this was impossible, a settlement should be sought. As de Trani contradicts his father's response (Resp. of Rabbi Moses de Trani No. 321) with this decision, Alvares refuses to take a position on this dispute between such eminent Torah scholars and leaves the final judgment to the head of the yeshiva.

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1796-09-22

1796-06-07

Acohen d'Azevedo, Daniel