YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The plaintiff (=pl) lives in an apartment building in which the defendant (=def) owns one floor of commercial establishments and an underground parking lot. Pl bought a large storage room from def, located among the parking places, which she uses for clothes that she sells out of her house. At the time of the sale, the parking lot was open to the public, and this enabled pl to have deliveries made to the storage room. Now, def has closed off the parking lot and has told pl that if she wants to have vehicles enter, she has to rent a parking space. Def argues that pl cannot have rights to allow unloading of deliveries because the area of her storage room is slated by the municipality for parking and not for commercial storage. Def acknowledges that when they sold the area to pl, the area already had walls and a door that made its presumed use that of a storage room, not a parking space.
Ruling: From a legal perspective, one must distinguish between rights between pl in relation to the public and between pl in relation to def. The erection of a structure against the law does not generally provide the ‘owner’ with rights in it, since the authorities do not have to allow it to remain. On the other hand, in respect to the relationship between the seller and buyer of the illegal structure, the seller cannot withhold rights from the buyer based on the claim that the buyer does not have legal rights. After all, the seller received payment for the structure despite the legal limitations, and, therefore, he has to give it over appropriately, from his perspective, as if it were the sale of a legal structure. Thus, pl’s rights are not more limited, in relation to def, than that of a ‘legal’ buyer. The question is: does one who buys an area, for which he must traverse through the seller’s area, receive rights just for traversal by foot or even with vehicles.
Rabbi Akiva and the Chachamim dispute (Bava Batra 64a) cases where there is a doubt as to what rights the buyer received, including a case where someone bought a water hole in the midst of his friend’s field. Rabbi Akiva said that he bought the right to go in freely to take the water. The Chachamim state that he has to buy rights to a path to the hole because it was not included in the sale of the hole. The gemara (ibid. 64b) explains that they disagree on whether one who sells something is assumed to sell with ‘a generous eye’ or not. The Shulchan Aruch (Choshen Mishpat 214:1) rules that we assume that one sells with a generous eye. What that means in each case depends on the particulars of what is bought (see Shut Torah Chayim I, 31).
In our case, where the storage room was fitting and appropriate for commercial use, this should be assumed to extend to delivery by vehicle. If def wants to claim that the permission was limited to access by foot only, he has to prove this.
Thus, the ruling is that pl must be given access for delivery by automobiles.
P'ninat Mishpat (829)
Various Rabbis
213 - Wrong Way Collision
214 - Access to a Sold but Illegal Storage Area
215 - Dispute over Sales Price and Product Quality
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
