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Case: The plaintiff (=pl), a yishuv, raffled off among its interested members the right to buy mobile-home units, one which they owned and others that the Jewish Agency Department for Settlements (=the Chativa) owned. (The Chativa only sells these units to those chosen by pl). The former costs 130,000 shekels; the latter cost 114,000 shekels. The defendants (=def) won the rights to one of the latter. After winning the lottery, def received a letter from pl saying that they would have to pay 16,000 shekels to pl for the right to buy the unit. Def indicated that they would pay pl, but after finalizing the purchase with the Chativa, def refused to do so. Pl is suing for that money. Def claims that the Chativa told them before they finalized that pl is not authorized to demand money for the sale of the Chativa’s housing unit. Pl also argues that once def promised to pay, they are required to do so, especially because had they not done so, pl would not have allowed def to buy the unit. Def respond that there was a point at which they were prepared to pay the fee, but subsequently when the Chativa said that there was no need to do so, they are not willing to pay. The two sides also dispute whether the buyers were informed before the lottery that winners would be charged.
Ruling: The main question is whether pl was authorized to charge a price for the sale of the Chativa’s mobile-home, as each cite the Chativa as agreeing with them. Beit din queried the Chativa for their stand in writing. The gist of their legal counsel’s response is as follows. A yishuv may charge a reasonable fee for investments they made in making the unit available to the buyer, including expenses on infrastructure. They may not use it as an opportunity for general revenue creation, unless this is permitted by their charter.
In this case, pl had stated that their justification for charging the 16,000 shekels was to make the price of all the different units the same (130,000). They did not demonstrate that it had anything to do with infrastructure or the like. Their charter also does not authorize the levying of taxes selectively, which this amounts to. Therefore, pl was not authorized to demand the money.
Regarding def’s agreement to pay, def explain that at the time they made it, they did not yet know that payment was not required. The halacha is that if one agrees to an obligation to pay based on a false premise, they are not bound by it (Gittin 14a; Shulchan Aruch, Choshen Mishpat 40:1). That being said, it was improper for def to have agreed to pay without making it explicitly contingent on the decision of the Chativa on the matter, and refuse only after the sale was complete. They should have been up-front on the matter and could have argued, at the time they heard about the extra charge, pl’s rights to cancel their winning of the lottery.
P'ninat Mishpat (829)
Various Rabbis
482 - Fee for Yishuv for Allowing Purchase of a Housing Unit
483 - Firing a Lawyer before He Finishes the Job
484 - Enforcing Security Responsibilities
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P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
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.
