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 (832)
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
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.
