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Beit Midrash
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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 (832)
Beit Din Eretz Hemda - Gazit
683 - Car Accident – part II
684 - Was There a Sale to Renege on? – part III
685 - Payments after a Gradual End of Employment
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Beit Din Eretz Hemda - Gazit
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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)
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based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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 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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