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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 (829)
Beit Din Eretz Hemda - Gazit
707 - Realtor Fee Without a Contract – part II
708 - The Binding Nature of the Tentative Agreement – part II
709 - The Binding Nature of the Tentative Agreement – part I
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Beit Din Eretz Hemda - Gazit
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)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
