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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 (825)
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.