YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- 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 (832)
Beit Din Eretz Hemda - Gazit
695 - Payment Plans
696 - New Evidence on Possible Partnership
697 - A Worker who Received Pay without Coming to Work
Load More
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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)
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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)
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)
