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From: Russell Hendel <rhendel@mcs.drexel.edu>
Date: Sun, 27 Jun 1999 15:55:27 -0400 (EDT)
Subject: omparing Forced donations in MiShebayrach with Forced Engagement

With regard to the issue of forced donations thru MiShebayrachs (v28n90)
the following analogous cases--(attempted) forced kiddushim in sales
is relevant. The bottom line: A person is only monetarily obligated to
what they freely agree to:

>Rambam: Ishuth 4:5
>If he was selling fruits and a woman came and said "Give me some
>of these" and he responded "I will give you some and you will be
>engaged to me (MKDSHTH) thereby": Then
>a) If she said "OK"--then she accepts his offer and is engaged. But
>b) If she said "(Just) Give me them" or "Weigh me some" or any
>other language whose content indicates that she only wants fruit
>then she is not engaged.

>>Ishuth 5:12
>>If he repaid her a loan and said "You are engaged to me by this" and
>>she accepted the repayment (and there was no prior conversation on
>>marriage) then she is not engaged.

Russell Jay Hendel; Phd,ASA, rhendel@mcs.drexel.edu
Moderator Rashi Is Simple; http://www.shamash.org/rashi/