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From: Russell Hendel <rhendel@mcs.drexel.edu>
Date: Sun, 18 Jul 1999 19:22:19 -0400 (EDT)
Subject: Forced Mishebayrach donations--they are invalid

Just a quick answer to Alex who cites the Talmudic dictum that "Speech
dedication to the Temple is like a formal commercial transaction between
individuals"(V28n93).

True..But in commerce law GIFTS are nullified if the INTENT of the Giver
was clearly not to give (while in sales we need a formal anullment).
(Eg Rambam Gifts 6:1 and many other places)

So if the set up of the MiShebayrach shows that the person did not intend
to give then he did not give!

Russell Jay Hendel; Phd ASA
RJHendel@Juno.Com
Moderator Rashi Is SImple
http://www.shamash.org/rashi/