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Beit Midrash
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Ruling: One can demonstrate from gemarot (including Pesachim 6b- see Rashi, ad loc.) and poskim that "possession" can be synonymous with ownership. On the other hand, there are sources (including Bava Kama 68b) where a clear distinction is drawn between ownership and possession. [Ed. note- Perhaps of greater significance, in Modern Hebrew, both meanings are used.]
When the text of a written agreement can be understood in different ways, the burden of proof is on the person who needs to use the document to effect a change (Shulchan Aruch, Choshen Mishpat 42:5). We assume that the people who wrote the document were careful with their language (ibid. 61:15). Therefore, def does not have the authority to sell the apartment to a third party without pl’s permission.
However, it is possible that, as a result of the agreement, the couple no longer shares practical ownership of the apartment "fifty-fifty." This is because, in addition to 50% titular rights, def has control of the apartment throughout her life. It is important to determine whether, besides living in the apartment, def can rent out the apartment to a third party and keep all of the rent. If so, an appraiser should determine what percentage of the apartment each side is to be seen to have as a result of the agreement. The apartment can then be sold according to the percentages of relative ownership.
The Rashba says that a widow, who has the right to stay in the home she lived in with her deceased husband despite inheritors’ objections, does not have the right to rent it out if she prefers. However, he explains that this is due to the widow’s lack of full rights to the apartment, and one can infer that if someone rented the home, they could rent it out to someone else. The Rambam and almost all Rishonim agree (see Tur, CM 316). Regarding Reuven who gave Shimon the right to use his apartment, the Rama (CM 316:1) says that Shimon can rent out his right to someone else. However, the Shach (ad loc. 4) cites the Maharshal who argues, and, in general, sources indicate that one should try to determine intention of the one who gave the permission. It is most likely that all agree in regard to the principle of following the intention, and they argue about what the assumption is in certain cases.
In this case, where there was an acrimonious divorce, there is no reason to assume that pl gave more rights than that which is found in the wording of the agreement. Therefore def has to prove that she had the ability to rent out the apartment to someone else. Otherwise, pl maintains 50% to the apartment, according to the way it is listed in the Tabu (Land Registry).
P'ninat Mishpat (829)
Various Rabbis
181 - Who Is Allowed to Build the Plaintiff’s Apartment?
182 - Unclear Language in a Divorce Settlement
183 - A Sales Contract Signed by Only One Spouse
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P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
