Yeshiva
Beit Midrash
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- P'ninat Mishpat
Original Ruling: Pl did not provide enough proof he had acquired partial ownership. The document is not only unsigned, but it is also undated, does not state the property’s details, contains pl’s handwritten additions, and is full of significant contradictions. Under circumstances of doubt, def does not have to continue paying, since he has already covered the loan’s principal, after which ribbit should not be given if it is a loan. On the other hand, def is not entitled to receive return of possible ribbit given because of the possibility that pl is correct and because the long time after the payment without asking for a return indicates mechilla of any ribbit given. Because it is possible, but not certain, that def bindingly admitted to owing 50,000 NIS, beit din ruled by compromise that pl will receive 16,000 NIS.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
667 - Payment Plans
668 - New Evidence on Possible Partnership
669 - A Worker who Received Pay without Coming to Work
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Appeal Claims: After the ruling, pl presented evidence that he had not presented during deliberations. 1) A WhatsApp message that def admitted to owing pl 350,000 NIS. Def counters that: most of that money was toward principal payments, which have been made; pl provided only part of the message; an admission out of beit din is not binding; def’s wife (who is a part owner) did not make any admissions; it was an offer beyond the letter of the law in order to try to preserve family relationships. 2) The transcript of a phone conversation in which pl admitted there was a written agreement which discusses the apartment being split between the sides if def did not return the money within 5 years, that the monthly payments were rent and not interest, and that they had decided to adopt a third brother’s idea, which was for a partnership. Def pointed to inconsistencies in the way the transcript was presented and that the referenced agreement lacked clarity.
Appeal Ruling: The Shulchan Aruch (Choshen Mishpat 20:1) rules that evidence that was available before the ruling cannot be brought after the ruling. Pl did not claim lack of prior access to this evidence. Even if we accepted the evidence at face value, it does not consist of full-proof corroborations of the totality of pl’s claims. Because the WhatsApp message was done in the context of negotiations, it is not taken as a formal admission. Def is correct that the document to which the phone conversation refers does not conclusively indicate a full partnership.
Therefore, pl has not proved that beit din’s ruling was a mistake, and the ruling stands.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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: 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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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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
