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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 (835)
Various Rabbis
218 - Claims of a Lawyer’s Negligence
219 - Closing Agreement Under Pressure
220 - Listening to a Non-Kosher Witness
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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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
