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Case: The plaintiff (=pl) bought an apartment on the second floor of a building in which the defendants (=def) previously bought a ground-floor apartment. The courtyard on the left side of the apartment is of interest to both pl and def but to no other neighbors. There are three basic disputes between the parties about their mutual rights. Each which will be discussed for one installment.
Dispute #1: Pl claims that before he bought his apartment, def gave him permission to build new steps and an entrance into his apartment through the courtyard. As pl prepares to get municipal permission to build, def has decided to oppose this. Pl would not have bought the apartment and will not stay in it without this addition, and so the abrogation of the agreement caused him damage. He demands that def either rescind their opposition or pay significant damages. Def admit to a conversation about the steps but denies agreeing. They claim that they did not protest because they did not realize they had the ability to do so.
P'ninat Mishpat (829)
Various Rabbis
461 - Payment for a Teacher’s Increased and Decreased Work
462 - Disputes Between Neighbors over Rights in a Building
463 - Disputes Between Neighbors over Rights in a Building– part III
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Ruling: After reviewing each side’s version and checking text messaging between them, the following picture is quite apparent. Def believed that pl was able to build the steps without their permission because they thought that the courtyard was divided among them and that the relevant part belonged to pl. Pl did nothing to dispel that understanding. In fact, he purposely did not ask def to sign that they were giving permission because he feared that this might encourage def to oppose it.
Under such circumstances, even if there was agreement, it would be mechila b’ta’ut (relinquishing rights under false pretenses), which is not valid. Furthermore, such a granting of building rights would not work without a kinyan (act of finalization). In fact, even an act of kinyan would not be effective, as def would not be transferring anything to pl but agreeing not to oppose. Such an agreement is called a kinyan devarim, something too amorphous for a kinyan to work.
As far as def paying for misleading pl to rely on their agreement in order for them to decide to buy, this claim is also rejected. This is unlike the classic case of payment for creating reliance known as "go and I will follow you" (Shulchan Aruch, Choshen Mishpat 14:5). First, there the "damager" initiated the idea of going, whereas here the alleged approval was something that pl raised and pressured def on (see Rav Yisraeli in Piskei Din Rabbaniim X, p. 15). In such a case, the level of assurance that he could rely on the agreement being permanent is required to be much greater than existed here. Additionally, pl did not act in good faith here, as they purposely avoided letting def understand that their partial acquiescence had legal importance, so he has himself to blame.
Finally, the payment in the case of "go and I will follow you" is based on damages. Here, there is no objective damage, as pl bought property which is worth as much as he paid and is still worth at least worth at least that amount, whether or not he is happy with his choice of property.
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: To Whom Do the Payments Go? – part I
based on ruling 81075 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: Return of Down Payment Due to War – part I
based on ruling 84044 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.
