Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We will start with the minority opinion.]
In general, the written contract takes precedence over the albeit more reasonable claims of def that the funds pl received should be split. The advantage of the written contract is a basic principle (see Shulchan Aruch, Choshen Mishpat 68:2; ibid. 45:3), and it states that the money is to be given to pl. This is strengthened by the agreement between pl and mc2 that gives pl rights of compensation for relinquishing the right to be the mc.
On the other hand, despite the signatures of ob on an obligation to pay pl 24,000 NIS, we will not honor that ostensible obligation. First, it makes no sense that people who were by agreement and by plan being replaced on the project at such an early stage would have to pay a significant amount toward future management fees. All of the many ob who came testified in a manner that convincingly demonstrated their shock that they were being sued for 24,000 NIS. (The fact that def agreed to pay in their place if they were obligated increases their credibility.) Def explained that there was a need for false documentation that equated between ob and nb, in order that the tender not be rescinded, and this is logical considering the legal steps taken city-wide.
Although we do not know the exact background for the partial payments and receipts between pl and def, the fact that pl received receipts and used them to receive serious tax reductions is the equivalent of a kinyan to obligate pl to def for the amounts of the receipts. Therefore, pl must complete the 400,000 NIS payment. On the other hand, this does not exempt def from giving 25% of the funds he collected to pl based on the previous agreement, which def admits is functional.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
837 - P'ninat Mishpat: Tuition Payment after Withdrawing Student
838 - P'ninat Mishpat: To Whom Do the Payments Go? – part I
839 - P'NINAT MISHPAT: TO WHOM DO THE PAYMENTS GO? – PART II
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Beit Din Eretz Hemda - Gazit
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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 Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
