YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: At first glance, pl is bound by his signature on the plans. In general, an agreement under duress to sell is valid in regard to sales, although not for presents (Shulchan Aruch, Choshen Mishpat 205:1). Regarding sales, we say that under the circumstances, one realized that agreement is in his best interest. Since pl also gained from the approval of the plans, this case is like one of a sale.
Informing witnesses that he will not be sincere in his agreement is called making a moda’ah (disclaimer) and this can work in cases of duress. However, that is only when the seller can prove there was unfair duress. The Shulchan Aruch (ibid. 12) says that duress that comes from his own needs does not count in this regard. The classic example is one who is forced to sell property because he wants to buy other property and needs the cash. In our case, the duress was that pl needed approval for his plans, which is thus related to pursuing his own needs. Therefore pl’s signing on the plans obligated him.
It turns out that pl had, previous to def’s presentations of the plans, tried to take def to beit din to rule on this dispute. Apparently, def stalled in signing an arbitration agreement until after the plans were approved so that there would, in effect, be nothing upon which to adjudicate. In order that def should not gain from this trickery, it is worthwhile to determine what beit din would have decided.
It appears that beit din would not have prevented def from making his request before the municipal board. This is because municipal forums are not standard adjudication, where one is to go specifically to beit din. Rather, it is a case of the sovereign authority deciding on the right to build in a non-legalistic setting. This is similar to the valid matter of "courts" within trade societies (see Pitchei Teshuva, CM 3:2). Also, in this case, def was not taking something that belonged to pl, but that they each were trying to be first in getting something approved by a third party. If that party has reasons to give to def that which pl is not able to get, he may make efforts to secure what he can.
P'ninat Mishpat (829)
Various Rabbis
237 - Claims of a Lawyer’s Negligence
238 - Closing Agreement Under Pressure
239 - Listening to a Non-Kosher Witness
Load More
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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.
