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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 (835)
Beit Din Eretz Hemda - Gazit
718 - Problems Arising from the Sale of Stores in New Project – part I
719 - Should the Will be Updated? – part I
720 - 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 Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 I
based on ruling 84013 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
