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- P'ninat Mishpat
Ruling: The sides signed a contract, and there is no evidence that an act of kinyan that works for movable objects was done. Def paid 10,000 NIS, but payment is not a kinyan for movable objects. On the other hand, the contract says that the transaction was on "the tree in regards to its fruit," so that payment should be a valid kinyan for things attached to the ground (Shulchan Aruch, Choshen Mishpat 190:1). Even if the payment was done by bank transfer, that should work as situmta (an accepted way of doing kinyan). According to most poskim, this works even when only partial payment was made (Aruch Hashulchan, CM 190:3, as opposed to S’ma 190:1). In this case, the kinyan took effect only in regard to fruit of at least grade C, which is valid even though it is a kinyan on an object in regard to its fruit (Bava Batra 63a).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
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Def claimed that there is a custom among merchants that buying a crop is conditional on its quality. The expert whom beit din hired said that it is not possible to talk about a custom on a matter like this because it is rare for a person to buy the entire produce of an orchard and leave the work in the orchard in the hands of the orchard’s owner.
Def also claimed that there would be ona’ah (mispricing) if he had to take all the reasonable etrogim because grade C etrogim are not worth 18 NIS, and in this case, their percentage in the crop was too high. This claim is not applicable here for a couple of reasons. First, ona’ah does not apply to land or that which is attached to the ground. Also, there is a machloket whether there is ona’ah when the price is not set at the time the transaction took place (on fruit that had not yet grown) (see Beit Yosef, Bach, and Shach, CM 209:1). Finally, when, along with the possibility of loss, there is also a possibility of great gain, there is also a machloket (Maharashdam 379; Maharshach III:62) if ona’ah applies, and many poskim agree that it does not.
Therefore, def is required to pay for every etrog from grade C and above.
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 Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
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
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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