NEW YORK (VINnews/Rabbi Yair Hoffman) — HaGaon HaRav Noach Isaac Oelbaum shlita, one of the foremost senior rabbinic authorities in America, has published the fourth volume of his Minchas Chein series of responsa. Rav Oelbaum studied at the Nitra Yeshiva established by Rav Michoel Ber Weissmandl zt”l under Rav Binyomin Steiner, author of Birurei HaShitos, and Rav Dovid Gross, author of Zahav Sheva.
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In 1973, Rav Oelbaum was invited to lead the newly established Khal Nachlas Yitzchok in Kew Gardens Hills. More than five decades later, the kehillah remains the vibrant center of a community encompassing Ashkenazim and Sephardim, chassidish and yeshivish families, as well as American-born and immigrant Jews alike. Fluent in Yiddish, English, and Lashon HaKodesh, Rav Oelbaum has addressed both Agudath Israel conventions and Orthodox Union forums with equal distinction.
The Minchas Chein series spans a broad range of Torah scholarship, including responsa, sugyos throughout Shas, Rambam, Haggadah, Hilchos Niddah, and a comprehensive halachic treatment of infertility. Throughout the series, Rav Oelbaum combines classic yeshivishe lomdus with practical halachic guidance for the challenges of contemporary life.
Presented below is an overview of several of the Choshen Mishpat responsa featured in this newly published volume.
Siman 7: Backing Out After Winning a Public Auction
Rav Oelbaum discusses the case of an individual who submitted the highest bid at a public auction and subsequently wished to withdraw.
He concludes that the bidder appears liable under the principle of dina d’garmi, as his successful bid prevented other prospective buyers from purchasing the item and thereby caused the seller a measurable financial loss.
Among the precedents cited is a responsum in Teshuvos Yisrael concerning a gabbai who promised an aliyah to someone on the condition that he daven with that minyan. When the individual instead prayed elsewhere but later sought the aliyah, he was held liable. Rav Oelbaum also cites the case of a merchant who reserved merchandise for a customer who later backed out after the merchant had already lost the opportunity to sell it to another buyer.
Additional support is drawn from Rabbi Akiva Eiger in the name of the Sma regarding expenses incurred by a lender who later withdrew from a loan agreement, the Machaneh Efraim‘s discussion of one who causes another to remain idle based upon a promise of compensation, and comparable rulings involving workers prevented from earning wages because of another person’s actions. Collectively, these authorities demonstrate that causing foreseeable financial loss through one’s commitments may create liability under dina d’garmi.
Siman 8: Dairy Chocolates Delivered to a Wedding
Another practical responsum addresses a company that mistakenly delivered dairy chocolates for use at a wedding where meat was being served.
Recognizing the possibility that guests might inadvertently consume dairy after eating meat, the chocolates were immediately discarded. Rav Oelbaum rules that the customer bears no obligation to pay, explaining that the company should reasonably have understood that dairy chocolates are unsuitable for a standard meat wedding celebration.
Siman 9: Damage Caused by Bleach Mistaken for Water
Rav Oelbaum next examines a case in which a girl asked her friend to pour water for netilas yadayim. Unbeknownst to either of them, the cup contained bleach rather than water, resulting in damage to the girl’s clothing.
The discussion begins with the Mishnah’s principle that a person is generally liable for damage even when caused unintentionally. Rav Oelbaum then carefully surveys the opinions of Tosafos and the Rosh, who distinguish cases of complete ones from ordinary accidental damage, citing numerous Talmudic precedents that establish exemptions where events were entirely beyond a person’s control.
He proceeds to discuss the differing opinions of the Riaz, Ramban, Rambam, Shulchan Aruch, Rema, Shach, Maggid Mishneh, Beis Meir, Avnei Nezer, Nesivos, Rabbi Akiva Eiger, and Knesses HaGedolah concerning the extent of liability in varying levels of ones.
After analyzing these authorities, Rav Oelbaum concludes that this incident constitutes a classic case of complete ones, exempting the individual from liability. Even were there uncertainty regarding the precise level of ones, the burden of proof remains upon the party seeking to recover payment.
Siman 10: Replacing a Mehudar Esrog
The sefer also discusses whether someone who stole a premium (mehudar) esrog may satisfy his obligation by returning a standard kosher esrog of lesser value.
Rav Oelbaum begins with the position of the Maharam Mintz, who compares the matter to sacrificial offerings. He then reviews the differing analyses of the Chacham Tzvi, Mishneh L’Melech, Mahari Ka, Be’er Heitev, Daas Torah, Minchas Elazar, Tiferes Tzvi, and Shoel U’Meishiv.
The consensus emerging from these authorities is that a premium esrog possesses additional monetary and halachic value. Consequently, one who steals or damages such an esrog cannot fulfill his obligation by replacing it with an ordinary kosher esrog of lesser worth.
Siman 11: Burial Obligations and a Husband’s Inheritance Rights
The final responsum reviewed addresses three related questions:
- Is a husband obligated to pay for his wife’s burial and monument?
- Does a husband inherit gifts that he himself gave his wife during her lifetime?
- Does a second husband have any claim to gifts his wife gave her children from a previous marriage using his money?
Rav Oelbaum surveys the enactments of Chazal together with the views of the Maharil, Beis Shmuel, Tosafos, Rashbam, Rambam, Raavad, Maggid Mishneh, Knesses HaGedolah, Pischei Choshen, and numerous other authorities.
Among the issues explored are whether a husband’s inheritance rights are Biblical or Rabbinic in origin, the relationship between inheritance and the obligation to provide burial, the legal ramifications of various marital circumstances, and whether contractual stipulations can alter those rights.
He concludes by discussing the practical halachah that a husband ordinarily cannot reclaim gifts he voluntarily gave his wife, having demonstrated his intention that they become her property, while also examining the parameters governing gifts made from marital assets.
Taken together, these responsa showcase Rav Oelbaum’s distinctive methodology: an exhaustive examination of the Gemara, Rishonim, Acharonim, and classic halachic literature, culminating in clear and practical rulings for contemporary Jewish life. The fourth volume of Minchas Chein continues the series’ reputation as a significant contribution to modern halachic scholarship.
He writes about Dinei Momanos. We would like to bring up another urgent matter. We are appealing to Parents of boys and girls, to please have a serious talk with your child to see whether they might be bullying one of their classmates or campmates. These kids who are doing the bullying are for the most part basically good kids, but somehow fall prey to instincts of their Yetzer Hora. All parents want their children to have a good long life and successfull future. The real victim is not so much the friend that they are bullying; They, the bullyers are the real very sad victim of their Yetzer Hora. Again, we want our children to be blessed with a happy and Mazeltikeh future.