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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 (825)
Beit Din Eretz Hemda - Gazit
837 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
838 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
839 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
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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 Who Breached the Contract? – part IV
Based on ruling 81087 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 P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
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Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
