YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Was the first agreement a sale or a rental? Pl claimed that in three ways it is evident the rental was an unofficial sale. 1. The rental contract mentions the planned sale and lists a price for it. 2. The "rent" will be reduced from the sales price if and when the sale happens. 3. Pl agreed to not sell the house to anyone else during the time def was working on getting accepted to the yishuv. Def points out that the "sales price" in the contract was not followed, as def agreed to not count the rental payment toward the sales payment because of another tax that cropped up unexpectedly. Since pl saw the price as not fixed, the agreement was not a full-fledged sale but a statement of hopes for the future.
The question is not what the plans were but whether the sides ultimately built it as a sale or a rental, and the latter is clearly the case. Both its basic terminology and many specific elements of the agreement relate specifically to rentals. Even the matter of the price of the sale did not end up being a sign of sale, considering that it changed. Therefore, there was no sale, and there is no reason that pl, to his misfortune, should not have to pay the mas hashbacha.
Can there be claims of mekach ta’ut (nullification of an agreement based on misinformation)? Factually, it is agreed that the urban planning rules were final and available before the legal sale but that neither of the sides knew about it. This raises the possibility of mekach ta’ut. Although mekach ta’ut based on mispricing does not apply to real estate, if there was a mistake on a factual point, such as the size of the property, then there is mekach ta’ut (Kiddushin 42b).
We continue next time about nullifying (elements of) the agreement based on misinformation.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
763 - Mutual Repairs Agreement – part II
764 - Who Pays for an Unexpected Tax? – part I
765 - Who Pays for an Unexpected Tax? – part II
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
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)
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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: Agricultural Water Rights – part II
based on ruling 84122 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
