PEH823

PEH823

This is the only responsum for which we could not resolve that it's actual written date is later than it's estimated publication date. The only explanation is that there is a slight error in estimating the dates of the missed issues, reported in the PEHH paper.

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 Alvarez, 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, Alvarez refuses to take a position on this dispute between such eminent Torah scholars and leaves the final judgment to the head of the yeshiva.

11

47

1796-09-22

1796-06-07

AlvarezJ

Alvarez, Joseph ben Moses

AcohenDan

Acohen d'Azevedo, Daniel