YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (832)
Various Rabbis
323 - Keeping the Donations in the Traditional Place
324 - Backing Out of Purchase Due to Changing Neighbors
325 - Buying Looted Seforim from the Slovakians
Load More
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).]
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: How Many Dayanim?
based on ruling 84139-1 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
