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Ruling: Relevance of par. 6.7 – Def claimed that the clause that allows pl to extract his investment applies only to the original situation, a new business owned by pl and def, whereas in this case, pl only bought out bil’s part in an existing business. Additionally, since pl gave his money to bil, pl should approach bil with claims.
Beit din rejects def’s claims. According to the arrangement between pl and def, the payment to bil was the formation of the partnership between pl and def. On top of the original agreement, where it talks about payment to create the partnership, the payment to bil is written as the partnership’s activator. Therefore, in the second iteration of the partnership, the money paid to bil is what pl recovers when par. 6.7 applies.
Def’s right to activate par. 6.8 – Def’s claim that pl lost his rights in the business because of professional failures and because pl used, for personal purposes, some of the money that arb allowed him to hold, is to be rejected. First, arb already ruled that pl worked sufficiently well in terms of par. 6.8, and while beit din is authorized to rule otherwise, there are not grounds to do so. Regarding pl’s use of the funds, examining the banking records, the one usage that was unauthorized was cancelled the next day; therefore, nothing was mishandled. In any case, par. 6.8 is apparently unenforceable because it draconically would have pl surrender his entire investment of 365,000 NIS due to minor inefficiency or misuse. This type of clause is an unenforceable asmachta. It differs from par. 6.7, which does not penalize def but just allows pl to undo the partnership and recover his payments.
P'ninat Mishpat (827)
Beit Din Eretz Hemda - Gazit
816 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
817 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART II
818 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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 Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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