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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 (835)
Beit Din Eretz Hemda - Gazit
619 - When Does the Designer Finish her Job?
620 - Was the Store Already Bought? – part I
621 - Was the Store Already Bought? – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
