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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Testimony and Compromise: Beit din spoke to a neutral expert, with the sides’ participation, who supports the mentioned "diagnosis" and says that such a problem does not crop up suddenly. He also says that it is common that the owner of a car would not hear such a noise.
The sides negotiated, with beit din’s encouragement, the following compromise. Pl will keep the car in good order until Sukkot, when he will return it to def, who will sell it and give the proceeds to pl. When carrying this out, def claimed that the car was not in good shape, thus activating beit din’s clause that it retained the power to rule if the compromise was not implemented.
Ruling: Can pl nullify the sale (mekach ta’ut)? Whether or not the seller was aware of a serious blemish in a sales item, the buyer can nullify the sale because he did not intend to buy such an item (Shulchan Aruch, Choshen Mishpat 232:3, 11-20). There is no strict time limit for how long after the sale the complaint is made, as long as the buyer did not use it after that point (ibid.). Even if he did use it, if it was in a manner that does not show the buyer relinquished the right to return the item, he can still do so (Pitchei Teshuva, CM 232:1). An example is when one rides an animal he bought and discovered a blemish when he has no available replacement. Also, if there is no agreement on the item’s return, the buyer can continue using it. In this case, pl had a right to finish the trip with the car, after which he promptly informed def he wanted to return it, and until the matter was settled, his usage does not undo is ability to claim mekach ta’ut.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
744 - Not Completed and Imperfect Renovation Job – part II
745 - P'ninat Mishpat: A Flawed Used Car – part I
746 - P'ninat Mishpat: A Flawed Used Car – part II
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We continue next time.
Beit Din Eretz Hemda - Gazit
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 II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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 Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
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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
