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Case: The plaintiff (=pl), a used car salesman, sold the defendant (=def) a car for 10,000 shekels in installments with a standard contract. An expert test-drove and inspected the car and recommended it for def over other cars. Pl told def that there had been an electrical problem that was professionally fixed. Def is experiencing several problems, the most important being that during the first 24 hours after rain, he is often unable to get the car to start. Due to this, def is refusing to replace the last 700-shekel check (the original had a mistake). Pl demands that def pay the final payment and points out the contract’s clause that pl checked the car and relinquishes the right to complain about flaws. Pl also says that the problem that needed fixing was the car’s shaking due to it not working on all cylinders; the present problem is a new one for which he is not responsible. Def claims that pl told him that the problem was an electrical one having to do with wetness, i.e., the present problem. Def does not want to nullify the sale but to reduce the price. In addition to the outstanding 700 shekels that he does not want to pay, he demands the return of another 700 shekels. Beit din spoke both to the person who sold the car to pl and to an expert on cars. According to their "testimony," it is difficult to know whether the present problem was pre-existing.
P'ninat Mishpat (829)
Various Rabbis
491 - Compensation for the Flaws of a Used Car – part I
492 - Compensation for the Flaws of a Used Car – part II
493 - Rescinding School Acceptance
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Is the clause waiving claims of flaws valid if there were indeed serious flaws at the time of the sale? The Shulchan Aruch, Choshen Mishpat (332:7) rules, based on the Rambam, that a general statement that one waives the right to back out of a deal when the sales object is flawed is an invalid clause. However, the S’ma (332:16) and the Shach (332:4) rule that if the seller specified a certain flaw to be waived or states the value of the flaw and the actual flaw conforms to it, then the clause is valid.
In this case, def stated that pl told him that there was an electrical problem in the car that had to do with winter rain, which had been fixed. Pl knew that a winter had not passed since the repair, which would confirm that the repair had been successful. When knowing that this could be an issue, having an expert advise him, and signing an agreement to waive claims of flaws, this is considered waiving the rights at least in regard to such a known issue. He should have known that such a problem could have remained an issue.
One must realize that when he buys a used car, especially when it is cheaper than the list price, he is taking a risk that there may be serious problems. Had it been demonstrated that pl deceived def, then there is room for a claim despite the above. However, it was not demonstrated that this was the case here.
[Due to a couple of relatively minor issues, the amount of payment due was slightly reduced.]
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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.
