Halakhah zu Bereschit 43:36
Contemporary Halakhic Problems, Vol II
Rabbi Yosef cites Tal Orot 16b who finds a source for this ruling in the commentary of Rashi on the verse, "Send the lad with me and we will arise and go that we may live and not die" (Genesis 43:8). Rashi depicts Judah as arguing, "As for Benjamin it is doubtful whether he will be seized or whether he will not be seized, but for us, we shall certainly all die of hunger if we do not go. It is better that you shall set aside that which is doubtful and grasp that which is certain." However, upon closer scrutiny, it is readily apparent that Rashi's comments are not at all germane to the case at hand. Placing the life of Benjamin in jeopardy in compliance with Joseph's demand does not serve as a paradigm establishing a normative principle for a third party who must weigh the danger his actions may cause to others. Nor, in the biblical narrative, does Benjamin place himself in danger solely on behalf of others. On the contrary, failure to appear before Joseph would mean that not only will the family fail to secure food, but that Benjamin himself will die of hunger. Accordingly, Rashi depicts Judah as advancing the compelling argument that even insofar as Benjamin himself is concerned, appearing before Joseph constitutes a lesser danger.
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Shulchan Arukh, Even HaEzer
If he got betrothed to her with less than the worth of a p'rutah, even if he sent her 'sivlonot'(explained as presents, for it is a term of burden and weight, and 'weight' can be found as a term for present, such as "and he carried presents" (Genesis 43, 34) afterwards, they do not suspect that he sent those 'sivlonot' for the purpose of betrothal. But if he got betrothed to her with less than the worth of a p'rutah, and afterwards he had intercourse with her, unspecified, in the presence of witnesses, she will need a divorce, since it is certain that he had intercourse for the purpose of betrothal. gloss: The same law applies with a child who got betrothed and then grew up with her. She will need a divorce, because he certainly had intercourse when he became grown up for the purpose of betrothal (TUR, section 43 and responsa of the ROSH, rule 35). And only in this [type] of case, because every person knows that the betrothal of a child or with less than the worth of a p'rutah is nothing, and so he had intercourse for the purpose of betrothal. But in a situation where there is room for a mistake, a new betrothal is needed (Responsa Maimoni, end of Nashim), as it is explained in this section, article 4:
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Kitzur Shulchan Arukh
Balsam oil5Balsam is a valuable, fragrant oil, mentioned in Genesis 43: 11 as tzori. It is obtained by making an incision into the tree trunk, stripping the bark, after which the oil trickles out. (Mishnah Berurah 216: 22) which grows in the Land of Israel, enjoys a prominence as a product of the Land of Israel, and a special berachah has been instituted for it, which reads: Borei shemen areiv [Who has created pleasant-scented oil].
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