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- P'ninat Mishpat
Ruling: Furniture in rental unit: The contract states that all removable furniture is not being sold, and this should include those in the rental unit. It is true that during negotiations for the sale, pl had offered the furniture in the rental unit, but it is not uncommon for certain offers to be made during negotiations and not carry over to the final sale. On the other hand, the Rama (Choshen Mishpat 207:1) says that when there is an oral understanding, followed by a contract that leaves out the matter, the understanding is valid. However, that is when the contract leaves the matter out, whereas here it says that all the furniture goes to pl. We have a major rule that a party to a contract cannot claim that he did not notice a clause (Shulchan Aruch, CM 45:3, based on the Rashba). Additionally, this contract states that it uproots any previous agreement. Although def claim that rental units have different practices in the matter than the rest of the apartment, there is no other agreement that deals with the unit, and therefore the clauses apply to the whole apartment. If the rental unit is not included, then there is no contract for it, and based on the practice in Israel, the sale cannot be valid for real estate without a contract (see Rambam, Mechira 1:4). Therefore, even if there were a local minhag to include the furniture of the rental unit in the sale, it will not be enough to counteract that which we consider explicit in the contract.
Use and storage of the rental unit furniture: Beit din will not consider these claims. In the compromise agreement the sides accepted, it lists which issues remain open and which are settled by the compromise. This is one of the matters that is included in the compromise settlement.
Next time we will finish up our treatment of the ruling.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
798 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
799 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
800 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
Load More
Beit Din Eretz Hemda - Gazit
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)
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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: 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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
