YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Ruling: While it is true that the funds that pl put up were 10% of the purchase and building’s expected budget, logically, pl should not receive an equal part per investment to def1’s part, as the latter was the developer, whose idea the project was and who put in massive amounts of work and expertise into the project. Pl could have even gotten all his investment back, in which case it would take a strong proof to convince one that he had been given profits plus ownership.
Still there is a need to analyze agr’s language, which is the most influential factor. The term partnership is found in agr’s title but not in the rest of the long document, which makes it more likely that it is an investment agreement. Beit din made several inferences from the language, all of which appear to support def1’s version of the agreement. One of def1’s stronger inferences is the fact that the apartment pl received was priced and it was discussed how it impacted the remainder of pl’s rights. If pl were a partner in the property, an apartment in the building would be a natural right, which would not have to be bought. In general, when there is a doubt how to interpret a contract, the one who needs it to give him rights, which, in this case, is pl, begins with the weaker position (see Bava Batra 150b). This just strengthens the indications that def1 is correct that the contract views pl as no more than an investor. The language of the letter of understanding also fits better with def1’s claims.
Furthermore, in a hearing before another beit din on an internal conflict between residents of the building, in explaining the financial dynamics in the building, pl stated that the roof belonged to def1. If pl were a 10% partner in the building as a whole, he should have said that he was also a partner in the roof. Statements made before a beit din, even in a different context, can be used as an admission if that is what comes out of the content of the statement.
We continue next time.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
551 - May we make the Kiddush before Kri’at Hatorah?
552 - Extent of Partnership – part I
553 - An Oleh Who Wants to Lain His Aliya
Load More
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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.
