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Case: Reuven (in the US) agreed to purchase from Yaakov a quarter share in a property in Northern Israel, in which Shimon, Levi, and Yehuda already had such shares. Reuven paid and signed a contract, but the sale was not recorded in the land registry. Sometime later, Yaakov allowed Shimon to back out of his deal and will replace him with another buyer. Reuven now wants to back out of the deal with two claims: 1. He mentioned at the time of the purchase that he is buying only because he knows the other partners, and he is not willing to expose himself to legal or neighbor issues with strangers. 2. The purchase is not complete without the land registration.
Ruling: It is wrong to claim that there is a clear assumption (umdana)that Reuven would not have purchased had he not believed that Shimon would be one of his neighbors/partners. After all, one can never be sure who his neighbors will end up being. Even if Yaakov had not released Shimon from his purchase, Shimon could have sold his share to whomever and whenever, even if it could be proven that it would damage his neighbor (Netivot Hamishpat 315:3). We must assume that Reuven bought with the realization that there was no guarantee in this regard.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
323 - Regulation of Land Rights in a Settlement Extension – part V
324 - Regulation of Land Rights in a Settlement Extension – part IV
325 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
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In a case like this, when the money was already paid, it is even harder to reverse the transaction and demand the money returned. There are also opinions that umdanot to undo sales can only be made for the benefit of the seller, not the buyer (see Pitchei Teshuva, CM 207). The Chatam Sofer (CM 70) says that all should agree that one who buys real estate can be assumed to want the land even under less than ideal circumstances, and most poskim accept his opinion. It is even clearer regarding the prospect of acquiring land in Eretz Yisrael.
Regarding the lack of land registry, the Maharsham (Mishpat Shalom 190) says that if the sales deed is written in a serious manner, it is halachically valid even if it is not legally final and enforceable according to the law of the land. It is possible that there are those who argue [and in a post note, he cites the Aruch Hashulachan as saying that the land registry is necessary]. In any case, the Maharsham appears correct, and, additionally, Reuven would have to undergo the mi sheparaprocess if he wanted to back out. Therefore, we should not allow Reuven to back out. [These days in Israel, most batei din do not recognize a sale as binding until transfer in the Tabu (land registry).]
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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
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.
