Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The first issue to decide is whether sel/pl were bound by sel’s agreement to the plans. The agreement was not to transfer rights to an object (including property) because the land would remain owned by sel. Rather, it was an agreement to do something or act in a certain way (kinyan devarim), which is not binding according to Halacha (see Bava Batra 3a). On the other hand, some poskim posit that an action that is widely accepted in society to obligate oneself (situmta) is binding even for kinyan devarim, and therefore we might have wanted to examine whether signing building plans falls under that category. However, in this case, it does not make a difference because sel only agreed to building in location A, which has been rejected by the planning board. Certainly, every location has its plusses and minuses, and therefore agreement to one place is not a carte blanche.
Regarding payment for using pl’s land, one cannot deny pl’s rights by arguing that he does not lose overall by the building, because in some ways he does lose. Nevertheless, beit din agrees with def that the appraisal that pl presented is illogical. First of all, land that is slated for a garden does not cost 45,000 NIS for a small patch. Secondly, the appraisal refers to the price for buying the property outright. In contrast, here we are dealing just with using it as the base to build upon, with ownership still belonging to pl, who will be using that area as an extension of his apartment. While one can demand whatever price he wants for real estate (Shulchan Aruch, Choshen Mishpat 227:51), the sides entrusted beit din to provide them with the appropriate price, which is not the inflated one.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
647 - Making Up for Unpaid Employment Benefits – part IV
648 - Receiving One’s Due in a Joint Building Project – part I
649 - Receiving One’s Due in a Joint Building Project – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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
