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 (803)
Beit Din Eretz Hemda - Gazit
761 - Mutual Repairs Agreement – part I
762 - Mutual Repairs Agreement – part II
763 - Who Pays for an Unexpected Tax? – part I
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P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Cheshvan 5786
P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tevet 5786
P'ninat Mishpat: Using Car that Was Supposed to be Returned
based on ruling 84065 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Av 5785
P'ninat Mishpat: Damage from Renovations
based on ruling 82093 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Elul 5785
Beit Din Eretz Hemda - Gazit
Improving Education in Yafo
Igrot Hare’aya Letter #21
Iyar 21 5781
Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Nissan 5783
Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
19 Sivan 5784
