YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Contemporary poskim agree that a zichron devarim binds one to go through with a sale (see Mishpetei Eretz IV, p. 119), and it appears that zd1 was a standard one. However, pl refused to sign zd1 because it was too binding. The Shulchan Aruch (Choshen Mishpat 61:15-16) teaches that a contract’s meaning can be determined with the help of a careful look at its language and by indications of what the sides to the agreement were thinking. Regarding language, zd2, while called a zichron devarim, uses language of "good faith" to proceed with the proposed transaction without mentioning monetary obligations. Furthermore, regarding the price, it says that "ekronit" (in principle), it will be 3.6 mil. NIS. This extra language is hard to explain unless it means that things (e.g., passage of time/change in price) can affect it, and the Knesset Hagedola (CM, HBY 61:57) says that we can learn things from extra language.
Regarding intention, in an email after def raised the matter of a price increase, pl wrote to def that since the matter was one of good will, it is up to def to decide what he will do. While pl says he changed his mind about a forgiving approach when a lawyer told him the zichron devarim is binding, the email still is a very strong indication of what pl had been thinking when he wrote and signed it.
Pl did present an email from def in which def referred to the zichron devarim as binding, but this is not impactful for two reasons. For one, that was written in regard to zd1, which was written to be binding, but pl did not accept it. Additionally, when there are contradictory admissions, we keep the status quo. In this case, that means that we cannot use the zichron devarim to obligate def (Shulchan Aruch, CM 245:5 and Netivot Hamishpat ad loc.). Status quo should also be employed regarding any lack of clarity in a document (Shulchan Aruch, CM 42). Therefore, the zichron devarim does not provide pl with the ability to enforce the sale.
We will explore next time other reasons for def to keep his commitment to the old price.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
709 - The Binding Nature of the Tentative Agreement – part II
710 - The Binding Nature of the Tentative Agreement – part I
711 - Contractors Fixing their Damages
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
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
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.
