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Case: The plaintiffs (=pl) bought from the defendant (=def), for 910,000 shekels, an apartment in an old building that does not have a building permit or a Tofes 4 (certificate of fitness for occupancy). It is also not connected directly to a meter of the electric and water companies (they pay through a neighbor). After pl complained to the municipality, the latter issued an order to destroy the building (it may never be acted upon). Def did not inform pl of these deficiencies but argues that plcould have easily found out themselves. Pl demand that def take action to fully legalize the apartment/building, the feasibility of which is under dispute between the sides. Alternatively, pl demand 400,000 shekels’ compensation. Def claims that the building’s legal status does not affect the apartments’ value. He offered pl to try to sell the apartment and if they cannot get a price that is fit for normal apartments, def will buy it from them at full price. Def made several other offers involving buying back the apartment with certain conditions, but pl want to stay in the apartment.
Ruling: A major part of the disagreement is whether the sale was just a transfer of property, whose remedy when flawed is bitul mekach(cancelling the sale), or if there is also an element of obligation to make the purchase feasible. According to the former possibility, pl cannot force def to act to fix the problems (in this case, legal ones) with the apartment. The contract’s main clause refers to hereby selling the apartment, which implies the former possibility. However, there is also the following clause: "The seller obligates himself to transfer all his rights in the apartment onto the name of the buyer." That could be understood two ways: 1. The seller just promises not to leave any rights for himself but transfer everything he has to the buyer. 2. The seller obligates himself to transfer the rights in the Tabu, and this latter stage is actually the sale (this is common in Israeli real estate contracts). In that case, there is an element of obligation, which could require def to take other steps to complete the sale by making it legal.
There is a machloket between the K’tzot Hachoshen (203:2) and Netivot Hamishpat (203:6) whether one can obligate himself to sell a specific field, and the Netivot’s position, that he can, is accepted. However, in this case, def’s obligation would have been only to transfer existing rights, as there is no hint of obligation to change the apartment’s legal status. This is strengthened by a clause in the contract in which the buyers accept the apartment "as is," including from a planning perspective (i.e., issues of the nature at question here). Whilepl tried to compare the demands they are making to the obligation to write a document to confirm a sale, there is a difference. Writing a contract is a normal part of the sales process, as is the obligation of a contractor to take the steps to make the apartment livable and legal. However, pl’s demands are not a normal part of selling a second-hand apartment, which is always assumed to be as legally set as it is going to be.
P'ninat Mishpat (829)
Various Rabbis
407 - Inefficient Use of Storage Space
408 - Fixing Status of a Non-Standard Apartment – part I
409 - Fixing Status of a Non-Standard Apartment – part II
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P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
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.
