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Ruling: [Last time we saw that the first agreement was a rental, not a sale. We started considering pl’s claim of mekach ta’ut (transaction based on misinformation) since pl did not know about the tax.]
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
765 - Who Pays for an Unexpected Tax? – part I
766 - Who Pays for an Unexpected Tax? – part II
767 - Not Completed and Imperfect Renovation Job – part II
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Is lack of knowledge about building rights/taxes comparable to something missing/wrong with a property? Contemporary Acharonim dispute this matter. Rav Yehuda Silman (Hayashar V’hatov X, pp. 85-93) compares a case similar to ours to a blemish in a property. In both cases, the buyer can opt out of the sale. Along these lines, the Maharsham (III:181) says that if the seller did not know about a significant tax, he can nullify the sale. Rav Levin (Yerushalayim Rulings XI, p. 310) brings a machloket whether changes in rights are grounds for nullifying a sale, but concludes that if it was known that building rights were a possibility, not being aware of the tax considerations does not nullify the sale. Rav Nussbaum (Mekabtz’el XXX, p. 375), discussing a case where the buyer has to inform the seller of rights that the seller does not know about, opined that the lack of knowledge would not nullify the sale but the buyer would violate the prohibition of benefitting from mispricing and would be obligated to return the difference.
In our case, the first two opinions would say that pl can nullify the sale, and the third would say that he would be obligated to return the extra value of the property. In this case, pl is asking for less than that, allowing def to enjoy the new rights and asking only to reimburse for the fraction of that difference, to reimburse for the added tax, and he should be able to do so.
We will bring the final considerations next time.
Beit Din Eretz Hemda - Gazit
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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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
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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.
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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.
