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Case: Reuven "sold" (i.e., received money, did not deliver goods) silver utensils to Shimon. It was known and mentioned at the time of the payment that he did so in order to buy a vat needed for whiskey production. After the money was paid but before Shimon took the utensils, Reuven’s brother died, and Reuven inherited such a vat. May Reuven refuse to go through with the sale (i.e., give the silver utensils) but instead return Shimon’s money?
Ruling: According to the letter of the law, Reuven can back out, since the performed only an act of kinyan kesef (payment of money), which does not create a final sale of metaltelin (movable objects) (Shulchan Aruch, Choshen Mishpat 198:1). This is true even without special circumstances.
P'ninat Mishpat (829)
Various Rabbis
341 - The Laws of Bar Metzra on Seats in Shul
342 - Backing Out of a Now Unneeded Unfinished Sale
343 - Straying from a Father’s Instructions on Supporting Torah Study
Load More
The Shulchan Aruch (CM 207:3) rules that one may back out of a sale when the situation upon which he had stated that the sale was predicated does not come about. The Rama (ad loc.) says that this applies only to the sale of land, not to movable objects, but the Shulchan Aruch does not seem to make that distinction. Therefore, a seller can say kim li (I follow) the Shulchan Aruch’s opinion. The logic behind the distinction is that it is more common for a person’s sale of land to be predicated solely on his plan to move, whereas it is more common for people to sell metaltelin for any number of reasons. Therefore, a stronger language of linking the sale to the circumstances is necessary.
One can distinguish between one who sells while saying "if such and such happens," as opposed to selling "because such and such" is expected. Only "if" relates to a situation of conditional transaction. Even if Eliyahu Hanavi will come and tell us that the seller intended for a conditional sale, it makes no difference, considering that "matters that remained in one’s heart" do not count, unless there is clearunderstanding that a condition was intended. This, for example, is how we can rely on the questionable intentions of the participants in the pre-Pesach sale of chametz to a non-Jew.
The Rishonim cited by the Tur (CM 207) disagree regarding the extent to which assumptions about the seller’s intention have an impact on the sale of metaltelin. The Derisha says that they differed regarding to what extent we are confident about the parties’ intentions. If we were truly unsure about the seller’s intention, we certainly would not allow unspoken matters to play a role. Even if Eliyahu would tell us what his intentions were, it would not make a difference. Rather, the question is how we assume Chazal would relate to such a case.
In our case, the seller, who articulated that his reason for selling the silver was to buy the vat, certainly cannot be compelled to go through with the sale.
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: 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: 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 II
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
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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.
