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Case: The plaintiff (=pl) and the defendant (=def) are in the midst of divorce proceedings (their short marriage was a second for each). Pl has lived in her yishuv (=yi) for 20 years, as do a few of her children. Pl and def bought together a home under construction, which required a bar reshut (equivalent to ownership) from the Jewish Agency Settlement Department. The apartment is almost finished, and, to this date, pl has paid more than half of the costs. Pl wants to be recognized as the owner (she will return his payments) because they received rights to build only because of her seniority and because the degree to which def was late in paying his part shows that they both realized that it was hers. Alternatively, she wants to buy out def’s rights because they are getting divorced and she has a much deeper connection to yi. Def wants to buy pl’s part in the house and rent it out, and, if not, he wants to wait until construction is complete before selling his part. He adds that pl received the bar reshut only because she was married at the time.
Ruling: The contracts with the Jewish Agency and with the builder list pl and def as equal partners. The halacha is that even if one partner paid more/earlier than the other, the equal rights of the two remain (Rama, Choshen Mishpat 176:7). Since def is willing to pay his full part, he remains a full partner.
When both partners want to buy out the other’s share, they remain partners (Shulchan Aruch, CM 171:8). However, we rule that if the partners are a divorced couple, we break up the partnership. The gemara (Ketubot 28a) says that a divorced couple must not live in the same neighborhood (/project) and that it is easier for a woman to move. There is a machloket whether this applies just to the question of who will live where or even to how to break up a jointly owned property. However, Rav Lavi (Shirat Devora II:32) posits, based on the Sha’ar Mishpat, that when there is equal ownership, we use logic to decide (even based on nominal factors) to whom it makes more sense to give the property (the other is compensated). In this case, the factors that pl presented are more significant than def’s, as her life in yi is clearly more important to her. We note that even if def were to receive the house, he will not live there if he is not accepted as a member of yi, which is increasingly likely after the divorce.
We now discuss when to break up the partnership. The Shulchan Aruch (CM 176:16-17) rules that when there is no set time for a partnership, either side can end it when they want. In the case of a couple, the home partnership is assumed to end with the divorce, which is now. Def’s claim that the house’s price will go up when it is ready and therefore he loses by doing it now, is a weak one because the construction is close enough to completion that the value will not change much. The reason for the small change is the danger that there will be problems in completing the construction; since pl accepts these dangers, she does not gain improperly.
P'ninat Mishpat (829)
Various Rabbis
537 - Poor Job of Setting Up an Internet Site? – part II
538 - Dissolution of Real Estate Joint Ownership after Divorce
539 - Waiving Workers’ Benefits
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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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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.
