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Ruling: Def1 admits the rental was done with misinformation (about #18). However, it is unlikely that pl would not have rented locations had they known of one extra seller. Claims of moderate overpaying do not apply to real estate (Shulchan Aruch, Choshen Mishpat 227:32), but they do apply to quantitatively fallacious representation. However, if one said he was selling 100 units and he sold 99, we do not void the sale, but make the seller provide the additional unit. Even if we believe pl that they wanted to back out, since they could not do so because they already bought merchandise, we cannot void the sale. Therefore, we should apply the following halacha: One who sold meat under the presumption that it came from a castrated ram and it came from a non-castrated one, the seller must return the price differential. We estimate the differential is 500 NIS per location, as flooding a market can cause more than proportional damage.
Regarding the illegal location, pl1 should have known from past experience. Pl1 brought in pl2, and therefore we should assume that he also knew. Additionally, pl were offered to read the contract between buil and def1, which hints at the existence of intruders. Therefore, the sidewalk stand was an "open blemish," for which one may not claim misinformed consent (Ketubot 75a).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
652 - Financial Security for a Partner/Worker? – part III
653 - Disappointment with Arba Minim Sales Provisions – part I
654 - Disappointment with Arba Minim Sales Provisions – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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)
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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
