YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) and the defendant (=def) are neighbors in a building. Both of them and two others presented the municipality with plans for all of them to expand their apartments; pl and def were to also get 20 sq. meters of the floor space at the building’s entrance for storage rooms. Def’s plans, which pl signed, has his storage area turning into a room, attached to his apartment by internal stairs, and also has him getting an actual storage room next to pl’s planned storage room. Pl said that he did not want to agree to this joint plan, but did so because at a meeting at the municipality, he was told that if he opposed it, the plans as a whole would be rejected, and everyone would be delayed for years. Note that pl tried to have a beit din hearing, in which he would express his rejection of the plan, before the hearing at the municipality, but def delayed the beit din hearing until afterward. Pl complains that it is unfair for def to receive both the room and a storage room, and so pl should receive a second storage room. Although by-laws do not allow one owner to receive more than 20 sq. meter of storage room, one of the other neighbors has agreed to have the room in her name, yet allow pl to use it exclusively. Furthermore, pl demonstrates that around 7% of his storage room is unusable due to a support wall.
P'ninat Mishpat (829)
Various Rabbis
519 - Complicated Employment Agreement – part II
520 - Sharing the Expansion Area
521 - Damages of Delay in Home Construction – part I
Load More
Pl wants to back out of the agreement to def’s plans based on the claim that he was forced into it by the circumstances. In general, when one agrees to sell something under pressure, the sale is valid (Shulchan Aruch, Choshen Mishpat 205:1). This applies here where he gave and received in the agreement. While such a person is able to make a moda’ah (disclaimer) before agreeing, that works only if the witnesses to the moda’ah are aware that he was improperly forced (see ibid. 12). Furthermore, in this case, the pressure was not directly applied by def, but was a need of pl to not have his request for expansion seriously delayed.
Pl complains that had def not avoided beit din, he never would have been able to present his plans to the municipality. However, this is a valid claim only if the municipality is not the right place to argue about the propriety of the plans. We believe that on such matters, the municipality has halachic right to decide (see Tzitz Eliezer XI:93). Def did not do anything wrong by trying to maximize his building rights, and pl was capable of likewise presenting his needs and desires to the municipality.
Regarding the wall that takes away from the space envisioned for pl, this indeed is an agreement based on a mistake. Since it is impractical to change the exact locations of the mutual storage rooms, beit din requires def to compensate pl for the decrease in value due to the support wall. It is too expensive to bring a professional appraiser, and so beit din estimates that def must compensate pl the sum of 3,000 shekels.
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
