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Beit Midrash
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- P'ninat Mishpat
A brother (=def) and a sister (=pl) dispute the rights to an apartment that was registered in the name of their deceased mother. Amigur (a subsidiary of the Jewish Agency) offered the mother (exclusively) to buy the apartment she lived in. She did not have enough money, so def paid for it. Def claims that since he had financial problems, he gave the money only with the understanding that he would receive the apartment after her death. Def also presented an old will and a full authorization and letter of intent, witnessed by a lawyer, for def to take over the apartment. Pl presented the most recent will in which the mother left the apartment for pl and an affidavit attesting that her previous giving of the apartment to def was extracted by trickery.
Ruling: The fact that def financed the purchase does not make the apartment his, especially when considering that the sellers, Amigur, gave the special price only to the mother, as the long-time occupier of the home.
According to the great majority of poskim (and the law of the land) the document transferring rights to def does not have the effect of a kinyan (property transfer) as long as a change of ownership was not registered in the Tabu (Land Registry), which did not occur. There is generally room to discuss whether a contract that obligates one to sell a property where an actual kinyan did not take place creates just a personal obligation (which would end with the mother’s death) or whether it takes effect in some way in regard to the property itself (and remains valid after death). Since the authorization in this case was irrevocable, it clearly has an impact on the property.
The later will, in pl’s favor, does cancel previous wills. However, since a will is not binding in the classical way, but just creates a "mitzva to fulfill the words of the deceased," this mitzva is supplanted by the (albeit, incomplete) rights to receive the property that def enjoys.
The claim that the mother had been tricked into the contract is not valid. Even had the mother made the claim for her own sake during her life, it would not have been accepted. One who signs a contract needs proof that he was tricked into a contract. Otherwise, contracts are to be taken at face value (Shulchan Aruch, Choshen Mishpat 68:2). Proof was not provided, and to the contrary, a lawyer signed to the fact that he explained to the mother what was included in the document.
In addition to all of the above, def is the inheritor according to Torah law, and pl has the burden of proof that her claims to the property allow her to receive it over def. This is all the more difficult after legal papers irrevocably leaving the apartment to def were not effectively refuted.
P'ninat Mishpat (825)
Various Rabbis
151 - Disqualifications of Witnesses
152 - Conflicting Wills in Regard to a Home
153 - Partial Work Done by a Building Company
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Using Car that Was Supposed to be Returned
based on ruling 84065 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
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Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
