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- P'ninat Mishpat
Ruling: [Last time we saw that the "loan" was payment for a purchase, but there is no innate mechanism for either sale or obligation to sell that overcomes problems such as davar shelo ba la’olam =dshlbl.]
To enforce a sale or obligation to sell based on dina d’malchuta/common practice, one must deal with the law that real estate agreements need a written component, which is lacking here.
When money is given on the sale of a movable object but there is no valid kinyan, one who backs out is sanctioned with a mi shepara. The Pitchei Teshuva (Choshen Mishpat 204:2) says that most agree that this applies even to real estate (where money is a kinyan) where there is an impediment to efficacy. However, the Beit Yosef (CM 204) says this is the case only when the sale works based on Torah law, which is not the case here since the apartments are a dshlbl.
There is a machloket whether mechusar amana, a lower level of sanction for one who reneges (Bava Metzia 49a), applies to a dshlbl; Mishpat Shalom (209:3) says that most agree it does. The machloket whether it applies if one backed out due to a change in the item’s price (see Rama, CM 204:1, Shach ad loc.) should not make a difference, because here the price change was expected and factored in. This is only bolstered by the fact that quasi-kinyan actions were taken (mechusar amana is usually based on oral commitment alone).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
681 - Car Accident – part II
682 - Was There a Sale to Renege on? – part III
683 - Payments after a Gradual End of Employment
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
