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Ruling: Def’s promises appear to be oral gifts, which are not enforceable in beit din (Shulchan Aruch, Choshen Mishpat 189:1). However, monetary oral promises can sometimes create a moral obligation, which beit din needs to explain to a party who wants to back out of it (ibid. 204:7). However, the halacha (ibid. 8), based on an opinion in the gemara (Bava Metzia 49a), is that there is no moral obligation to keep the promise on a large gift, because people do not rely on such generous assurances. While the cutoff point for a large gift depends on the giver’s means, this case’s hundreds of thousands of NIS certainly constitutes a large gift.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
759 - Should the Will be Updated? – part I
760 - Should the Will be Updated? – part II
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A factor to exempt def is that, in general, there is a machloket whether oral promises are still morally viable if the financial logic behind the promise changed substantially (Rama, CM 204:11). While the Rama sides with the opinion that it still applies, many poskim disagree, thus weakening any moral obligation (Aruch Hashulchan CM 204:8). Furthermore, due to the fact that the assurance was not immediate but depended on a future event (the sale), in a manner that a kinyan could not have been legally binding, many dismiss the moral obligation without a kinyan.
While def is not required to pay anything to pl now, beit din suggests that if the family relationships return to being good, def should bequeath to pl in her will, part of the home that she bought with the sale’s proceeds.
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 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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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
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