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Ruling: Although even partial payment is a kinyan (act of finalization) for the sale of land (Shulchan Aruch, Choshen Mishpat 190:1), in a place where it is standard to also have a contract, money alone is not a kinyan (ibid. 7). In our times, there are two documents that are needed: the sales contract and the transfer in the Tabu. In fact, sales contracts are written not as a document that effects a kinyan of the object, but as a promise to complete a sale. This explains why monetary penalties are written as the consequence of breach of contract. The law of the land that requires a change in the Tabu is also valid (Divrei Emet 12; see Chatam Sofer, CM 142).
On the other hand, when someone pays for an object and the kinyan is not binding, one who backs out has to undergo a mi shepara (a curse of sorts for he who does not keep his word). The Ramban says that mi shepara does not apply to land, since it was instituted for cases where money is not a kinyan, whereas for land, money is a kinyan, even if at times other kinyanim are needed to supplement it. The Talmidei HaRashba and others say that whenever money was given but the kinyan was still not binding, mi shepara applies, and the latter is the more accepted position among the Acharonim.
Still, there are not grounds for mi shepara for the following reasons. First, it can be demonstrated that in this case, the agreement was made conditional on def’s final approval, which never materialized. In contrast, mi shepara is called for only when there is final oral agreement, money was given, and only a formal action was missing (see Shoel U’meishiv II:IV:110). Secondly, it has not been proven that def had authorized the lawyer to receive payment at that time. Also, since def had to confirm the agreement with the other partners, the lawyer’s actions are deemed representing others in an undesired manner, in which case the agency is not valid (see Shulchan Aruch, CM 182:7).
While it is regrettable that pl wasted money based on his understanding, there are not grounds to force def to complete the desired transaction.
P'ninat Mishpat (829)
Various Rabbis
267 - Inheritance of a Rabbinical Position
268 - Is a Downpayment Given to a Lawyer Binding?
269 - Joint Responsibility Through
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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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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: Return of Down Payment Due to War – part I
based on ruling 84044 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.
