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Ruling:
This week we will deal with the main issue, which pl calls dina d’bar metzra.
This case is not governed by bar metzra, which means that a seller should give the first chance to buy to a neighbor, who can maximize benefit, and after the fact, the neighbor can transfer the sale to him. Here we are not talking about a sale, but taking the property as payment of a debt. There too there are halachot of lifnim mishurat hadin, but that is called shuma hadar, i.e., the debtor who had his property taken can pay the debt with money and get his property back (Bava Metzia 35a). In this case, pl’s claim may be even stronger because pl demanded his property before def took full control.
P'ninat Mishpat (831)
Beit Din Eretz Hemda - Gazit
669 - Did the Owner Exhaust his Opportunities? – part I
670 - Did the Owner Exhaust his Opportunities? – part II
671 - Paying for Changes to Building Project –part I
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The classic case of shuma hadar is when the creditor himself took the property as payment, so he can be told, "The debtor is giving you the money you deserve, so why should you keep his property?" The gemara says that if the creditor sold the property to someone else before the debtors request, the debtor cannot claim it from the buyer, because of the latter’s specific interest in it.
How do we treat our case, where the buyer did not buy it from the creditor but from the debtor, through the court’s intervention? Logically, the reason to not say shuma hadar applies, as def had interest in buying this property (see Dei Hashev, p. 65). There are sources (including Shut Beit Ephrayim, Choshen Mishpat 58) which speak about avoiding ani mehapech bacharara (preempting someone with precedence from acquiring). However, that does not apply here because pl had several opportunities to obviate the need to have his apartment sold, so that pl cannot have claims against def.
Therefore, def is not required to return the apartment to pl. According to one dayan, because there is a good chance that def received a particularly good price, he bought the apartment as an investment, and he might have not given pl as much opportunity to get it back as he should have, def is recommended to voluntarily allow pl to get it back with a modest profit for def.
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)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
