Yeshiva
Beit Midrash
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- P'ninat Mishpat
Ruling: Since pl is attempting to extract money already paid and also obtain a garden, the burden of proof is upon him. The addition of "garden" to the contract is not sufficient proof, as def’s explanation is reasonable. If the word were of such significance and was to override par. 7, its addition would have required initialing by the sides, as other important additions in the contract had.
Additionally, we view the letter of obligation as byr’s admission that def had the 70,000 NIS coming to them, or there should have been a clause where they clarified that it was not. Since the two sides to the original contract agree to its interpretation, the intention of the sides overcomes the document’s simple meaning.
Both sides agree that had pl not signed the letter of obligation, def would not have given its confirmation of the conditions of byr’s purchase, through which pl could gain ownership via byr. Since def gave it only on the assurance that pl would pay the 70,000 NIS for the garden, pl cannot now back out of it. Although there are times when one making an apparent admission can claim that it was made with sarcasm, this cannot be done when the recipient of the admission loses money as a result, when the request of money is reasonable, or after the one admitting already paid (see Shulchan Aruch, Choshen Mishpat 264:6-8). Pl fails all of these conditions.
Therefore, pl does not deserve return of the 70,000 NIS.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
641 - Fallout from Failure to Install Elevator – part II
642 - A Non-Contractor in Changing Times – part I
643 - A Non-Contractor in Changing Times – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
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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
