Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: 15% without payment received: Fundamentally, there is no difference whose car def repairs, as the point of payment is not profit sharing, but the amount of use of pl’s premises. The 15% rate is just a convenient "meter" of usage. On the other hand, def is allowed to give customers discounts, and pl is to receive 15% of the paid price. Regarding cases in which def doesn’t charge at all (e.g., for a relative), the majority of dayanim agreed on a compromise of giving pl as if the price had been half of the normal charge. When def did not receive anything because he did not succeed in extracting payment, he is exempt from paying pl.
Nullifying the sale of the car: First, we point out that a sale of a car can be legally binding without changing title, as opposed to the situation regarding the sale of a home. The title change was instituted as a declarative step, to prevent the buyer from running up liabilities on the sale (as happened here). As a movable object, the kinyan on a car is not by giving money but by meshicha, moving it in the capacity of the new owner. This occurs when one drives the car, at least when done in side streets, as classical Halacha subscribes regarding animals (see Shulchan Aruch, Choshen Mishpat 197:3).
Although def claims that the sale in this case was conditional, since pl disputes this, it is an example of a definite sale with a possible condition, and the burden of proof is on the one who wants to enforce the possible condition (ed. note- as we saw last installment). Because pl was being hurt financially by def’s use of the car in his name and def did not act as requested, pl was permitted to prevent its use, and def will need to pay the fees of reinstating the car to legal use.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
740 - Mutual Repairs Agreement – part I
741 - Mutual Repairs Agreement – part II
742 - Who Pays for an Unexpected Tax? – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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 P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
