Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: Par. 1b of the new contract says: "Def will return to pl the expenses of building the elevator shaft and also the expense of buying the elevator and its installation in the shaft." Since it does not mention financing of the loan, pl should not be able to demand compensation. Financing is a distinctly different expense from the ones mentioned. There is additional reason in this case because pl had available a possibility of funding without interest and did not take it. Since financing is a very individualistic expense, there is no reason to simply assume that def would be obligated in it.
If def had sent pl to take the loan, it could have been def’s responsibility to pay its costs, but this was not claimed, let alone proved. Even if there were a doubt if the obligation included these costs, we resolve doubts by putting the burden of proof on the one who wants to extract money (i.e., pl).
At some point, def inquired about the interest that pl was paying, but there is documentation of his surprise at how much it was and his refusal, before signature on the agreement, to pay for it. Beit din understands that def was aware of interest payments but was only willing to pay for it if it had been a small amount of money. The implication of the documentation is that the reason for def’s discount in rent is the fact that pl wanted to own the elevator after the period of rental, not due to any agreement of def to pay interest.
Finally, beit din rejects pl’s claim that regarding property in Judea and Samaria, where governmental involvement in real estate commerce is weaker, agreements are more fluid and one should follow credible claims about oral agreements relatively more than the precise wording of a contract. Beit din is not aware of and does not accept such a geographical distinction. Furthermore, in this case, there is a very carefully written contract, and it makes no sense to claim that it is not to be taken seriously.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
746 - P'ninat Mishpat: A Flawed Used Car – part II
747 - P'ninat Mishpat: What is Included in Costs of the Elevator?
748 - P'ninat Mishpat: Dispute upon Ending Rental
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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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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
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
