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Ruling: [Last time we saw that zd2 is too weak to bind def to go through with the sale, at least at the original price.]
Was the handshake a kinyan based on common practice, as it normally is, at least to prevent the raising of the price? Since it was done in the framework of zd2, it works to strengthen only the commitment of good will, including to try to finish the permit process. It also might obligate def to give pl the first chance to buy the apartment at the price at the time it is sold. While the latter explanation is somewhat forced, the possibilities suffice to prevent pl from obligating def based on the handshake.
Chazal prescribed a mi shepara (a semi-curse) for those who back out of a sale after payment, where there was no kinyan (Shulchan Aruch, Choshen Mishpat 204:1). There are machlokot whether this applies to cases without payment but with a kinyan-like act like a handshake or zichron devarim (see ibid. 6; Sha’ar Mishpat ad loc.) and whether it applies to the sale of land (see Pitchei Teshuva, CM 204:2). However, mi shepara does not apply here because not all of the sale’s details were in place (see Pitchei Choshen, Kinyanim 1:(4)) and because some say that it does not apply regarding real estate when no money (only a check of deposit) was paid (Achiezer III:40).
There is a lower-level moral criticism of one who backs out of a deal called mechusar amana (Shulchan Aruch ibid. 7). There are two possible reasons to say that it does not apply here: 1. The details of the agreement were incomplete (see Pitchei Choshen VIII, 1:(4)); 2. The change of heart was because of a significant change in market price (see machloket in Rama, CM 204:11; Aruch Hashulchan, CM 204:8; Shevet Halevi IV:206).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
693 - Realtor Fee Without a Contract – part II
694 - The Binding Nature of the Tentative Agreement – part II
695 - The Binding Nature of the Tentative Agreement – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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)
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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
