Yeshiva
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- P'ninat Mishpat
Ruling: [We saw last time that the basic requirements for mekach ta’ut (nullifying the sale) exist.]
Does pl lose the right to claim mekach ta’ut because he should have spotted the problem? The Maggid Mishneh (Mechira 15:3) cites an opinion that if the buyer could have checked for the blemish and did not, he cannot claim mekach ta’ut. The S’ma (232:10) cites this opinion and explains that we assume in such a case that he was aware of and not bothered by the blemish and changed his mind later. The Mishneh Lamelech (Mechira 15:3) rejects the possibility that the Rambam and Rif hold this way, and explains that the requirement to check for problems exists only in regard to mispricing, not blemishes.
It is not clear which opinion is accepted (see Nochach Hashulchan, Choshen Mishpat 15). Some say that the requirement to check is only regarding common problems (Chochmat Shlomo 232:3). Others distinguish between a claim of mekach ta’ut before and after the buyer’s using it (Netivot Hamishpat 232:1).
The Israeli Law of Sales (par. 13-15) limits somewhat the buyer’s right to nullify the sale along these lines. This law is the type that is not halachically binding. However, several poskim (including Shut Maharsham V:45) rule that when there is a machloket between halachic opinions on a matter, we can decide the practical ruling based on the local law, and this is even clearer when this conclusion is usually one that does not allow extracting payments. Therefore, we will accept the Magid Mishneh’s opinion limiting the claim of mekach ta’ut when the buyer could have been expected to check. However, according to the Kesef Hakodashim (232:3) if a check would require an outlay of money, it is not considered easily able to be checked.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
745 - P'ninat Mishpat: A Flawed Used Car – part I
746 - P'ninat Mishpat: A Flawed Used Car – part II
747 - P'ninat Mishpat: What is Included in Costs of the Elevator?
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Therefore, pl has the ability to claim mekach ta’ut. [We will not summarize the discussion on how to compensate for the mekach ta’ut in this case.]
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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
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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
