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- P'ninat Mishpat
Ruling: It is clear from the contract and hinted at by pl’s witnesses that pl was not intended to keep st. While the contract was written carefully and, for example, is very detailed regarding the equipment, that is also consistent with st serving as a guarantee. According to Halacha, if pl and sel chose a mechanism for a loan to act as a sale and a kinyan was done, it would be binding. According to Israeli law, if the intention was that st should be a guarantee, we would follow the intention. This distinction is important because it is not clear that there was a halachic kinyan. The contract and sel’s giving keys to pl could serve as a kinyan based on situmta (accepted practice), but only if it is binding according to the law of the land, so we turn to the halachot of kinyanim.
Even if pl acted in some ways like the one with control of the physical store, he did not acquire rental rights to it because sel’s rental contract with ldld requires ldld’s explicit agreement to a new renter. Regarding sale of the monitin (roughly, intellectual property) of the store, while the general concept is halachically accepted, its parameters are not. Some view a store’s monitin as mainly the right to continue working in a certain place with a group of customers. If so, since sel himself was unable to transfer those rights, he was not capable of selling them. Also, the contract between ldld and sel stated that the sel would not have any claims to monitin in regard to the store. While the exact intentions of that clause are unclear, pl cannot use it to prevent def from operating the store after def’s agreements with sel and ldld.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
639 - When Does the Designer Finish her Job?
640 - Was the Store Already Bought? – part I
641 - Was the Store Already Bought? – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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