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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
(from Hemdat Mishpat, rulings of the Eretz Hemdah-Gazit Rabbinical Courts)
Case:The plaintiff (=pl) and the defendant (=def) signed a zichron devarim (a preliminary but binding sales contract) stating that def was selling a plot of land to pl. Pl paid def $80,000 as a down payment. While Levi was the land’s owner in the Land Registry, the zichron devarim stated that def had exclusive rights to buy the field from Levi. This was false, and Levi actually sold the land to someone else. Pl is suing def based on two complaints: 1) for causing pl to believe that def had the ability to buy the field on his behalf; 2) for not taking the necessary steps to acquire the field. Def responded that pl knew that he could not ensure purchase of the plot for pl and that since Levi tricked him, he is not to blame for not securing the purchase.
Ruling:Since pl asked for and was granted a three-way meeting with Levi, it is quite clear that he knew about the legal status of the land and that def’s assertion he could obtain the land for pl was based on trust. It is strange that def signed a document that mentions that he had legal rights. Nevertheless, under the circumstances, that is not a sufficient indication that def tricked pl.
P'ninat Mishpat (835)
Various Rabbis
221 - Laying Off a Worker During Pregnancy
222 - Laying Off a An Unauthorized Sale
223 - Returning Tuition When a Student Was Expelled – part I
Load More
Rabbi Akiva Eiger (Shut I:134) says that the seller’s obligation applies only when the seller deceived the buyer into thinking he owned the item. He says that it also applies only to movable objects, apparently because they can be bought anywhere, whereas specific land can be bought from only a single owner. The Netivot Hamishpat (60:10) says that the seller’s obligation begins only if and when the item enters his possession, as one cannot be obligated in something that is beyond his capabilities. Rav Shlomo Kluger (to Choshen Mishpat 60:6) says that there is an obligation to obtain it, but not if there are extenuating circumstances, including that the price went up significantly in the interim.
According to all the opinions we have seen, pl cannot hold def responsible for his failure to secure the sale on his behalf.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
