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[Reuven bought from Shimon ten barrels of wine for 300 rubles. The deal was documented in writing and the two shook hands on the matter (which by accepted convention serves as a kinyan). In the course of eight days Reuven did not pay despite the fact that Shimon asked him to pay a few times a day. Finally, Shimon decided to sell the wine to Levi, who agreed to pay 40 rubles more for it. Now, Reuven is ready to pay, and the question is whether Reuven’s purchase still stands, or whether it was voided due to late payment.]
Even when a valid kinyan is performed, if the payment is not made right away despite the seller’s repeated request, the sale is not complete (Bava Metzia 78a). On the other hand, the gemara says that if the seller sold something that he has an interest to get off his hands quickly, the sale is not voided even if the seller was aggressive about receiving payment. The Shvut Yaakov (II:148) says that wine is a commodity which we assume a seller feels pressure to sell quickly because of the possibility that it will begin turning into vinegar.
This appraisal of wine might be contradicted by the gemara (ibid. 77b), which talks about one who bought chamra and paid almost all its price but aggressively pursued that which was left. The gemara concludes that even if he pursued only the small remainder, it invalidates the sale. The question is what chamra is, as that Aramaic word means donkey and means wine. Rashi says it is a donkey but some others say it is wine, and according to the latter, we see that wine is treated like any other commodity, whereby the sale can be voided under the said circumstances.
However, one can deflect the proof, since the discussion there is about a case in which there is only a small amount of money that was unpaid. Under such circumstances, since very little could be returned, one would not be concerned about it starting to spoil, and the regular rules would apply to the wine even if it would not normally do so.
In any case, the Shvut Yaakov is difficult because he was talking about a case where the wine was already transferred into the buyer’s barrels. In such a case we say that the buyer cannot complain about the wine souring as it is possible that his vessels caused the spoilage (see Bava Batra 97b-98a). Therefore, the seller should not be nervous about the buyer being able to back out.
In the final analysis, since the buyer did not pay and the seller was aggressively seeking payment, the seller can back out. He thus had the right to sell the wine to the second buyer.
P'ninat Mishpat (829)
Various Rabbis
303 - Intellectual Property Rights Revisited
304 - Backing Out of the Sale of Wine Due to Non-Payment
305 - Payment of Din Torah Award by a Litigant’s Orphans
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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: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
