Author Archives: Shaul Elnadav

Fundamentals of Mesirah

By: Rav Yitzchak Grossman Posted with permission of the Journal of Talmudic Law & Finance and the Bais HaVaad Institute of Talmudic Law “And Moshe was afraid” – in addition to the Peshat that he feared the temporal consequences of the discovery of his vigilante execution of the Egyptian, Rashi cites a Medrash that what […]

Decision on liability for unauthorized autopsy

The Nassau County Supreme Court recently issued a decision in Freiman v. County of Nassau dismissing plaintiff’s complaint and granting summary judgment to the defendants.  Plaintiff alleged that an autopsy was performed in violation of the decedent’s religious beliefs.  According to the decision, the defendants established that the Medical Examiner had performed a toxicology screening by extracting […]

Seminar: To Be or Not to Be: The Convergence of Halacha, Law and Medicine in Matters of Death and Dying

Received by e-mail (I plan to attend) Wednesday, March 30th, 2011 5:00 pm – 7:00 pm, reception to follow CLE credit available To Be or Not to Be: The Convergence of Halacha, Law and Medicine in Matters of Death and Dying We live in an era in which cost-cutting in hospitals is now having a […]

Delegating credit matters to employees may obligate business owners

My co-blogger, Avrohom Gefen, recently won an interesting case, Felix Storch Inc. vs. Martinucci Desserts USA Inc., that was published yesterday in the New York Law Journal.  The case was decided on January 31, 2011. The reported facts are as follows.  Plaintiff, Felix Storch, sold commercial refrigerator units to Martinucci Desserts on credit.  Martinucci went out of […]

Consequences of failing to consider halacha when planning an estate

What are the halachic results of neglecting to plan an estate according to halacha? Teshurat Shai (R. Solomon Leib Tabak, Hungary, 1832-1908), chapter 159 (cited by Pitchei Choshen, Hilchot Yerushah, Chapter 1, fn 4), addressed the following situation.  A man died survived by a son and four daughters.  Pursuant to local law, the decedent’s estate was divided […]

What is the Torah’s Economy? (Election Day Post)

Today’s election is widely seen as a referendum on the Democrat controlled Congress and first two years of Obama’s presidency, and specifically, the Democrats’ handling of the economy and the legislative agenda they pursued. The theoretical question for this blog today, and a theme I hope to return to in the future:  What is the […]

Dina D’Malchusa Legal Seminar on Oct. 17, 2010

I was forwarded the following e-mail: Agudath Israel of America invites all men and women to an important Dina D’Malchusa Legal Seminar, geared towards business professional and owners, service providers, non-profit administrators and board members. The seminar will be addressed by prominent attorneys, presenting material not discussed at the previous seminar. The event will take […]

Against a so-called “Orthodox Tea Party”

The political and ideological interests of Orthodox Jews often coincide with various conservative agendas.  I, for one, would love to receive school vouchers.  Kashrut, yeshiva tuition, home prices and rents in Jewish communities are expensive, so tea party style tax breaks would be particularly welcome by most people I know.  As I live in a […]

Interfering with business relationships

Rabbi Max Sutton’s recent column in Community discusses the halachot of interfering with another person’s contract or business relationship.  Rabbi Sutton uses hypotheticals to highlight the following questions: May one negotiate with a licensor for exclusive rights to a license currently held by a competitor? May a salesman who leaves an employer for a competitor […]

Civilization and culture in the age of Yaval, Yuval and Tuval Cain

Rabbi Daniel Yolkut of Cong. Poale Zedeck in Pittsburgh, PA, related a very interesting insight during his Shabbat morning derasha this past week. Cain’s descendant, Lemech, had three sons — Yaval, Yuval and Tuval Cain — who together appear to have developed the building blocks of civilization.  Yaval was the first to systematically domesticate animals. […]

New York Power of Attorney and Statutory Gifts Rider forms

Once again, New York State made changes to its power of attorney law and revised the statutory power of attorney and gifts rider forms. The changes went into effect on September 12, 2010. The New York State Bar Association has the new POA and SGR forms for download in Word or Wordperfect, along with suggested clauses […]

Essay on hospice care

Questions of halacha aside, the August 2, 2010, issue of New Yorker contains an excellent essay by Dr. Atul Gawande on hospice care. Hospice care focuses on treating pain and increasing the quality of life for terminally ill patients, rather than continuing to aggressively treat the underlying illness in an effort to prolong the patient’s […]

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