YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Last time, we saw the minority opinion. It gives preference to the written contract, which assigns payments to pl, strengthening his claim to the collected funds. However, it rejects the obligation of the original buyers to pay 24,000 NIS, accepting testimony that the clause was only formal documentation to preserve the tender. It also treats the receipts between the parties as binding, obligating pl to complete the promised 400,000 NIS payment, while still granting him 25% of funds def collected.]
The majority opinion differs in two major ways. First, it finds many indications, including the communications of someone with strong connections to both sides, that pl used its role as the lawyer who crafted the agreements, to write a contract that took nearly all the money for itself without sufficient justification or consent. Pl’s dishonesty continued with promising funds to extract valuable receipts from def (which obtain for pl unwarranted tax relief and obligate def taxes for non-existent profit).
While it is impossible for beit din to know how much def deserves, it is clear that when they agreed on how much def should receive, this includes pl not extracting 25% from what def received. This is strongly bolstered by the fact that if there was a decision for pl to pay def 540,000 NIS plus VAT, this should be assumed to be after deducting what def owed pl. Otherwise, one would have the illogical situation of moneys going from A to B only to be returned promptly to A (see Ketubot 110a), which is even less logical here because extra tax would have to be paid for the double payment.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
839 - P'ninat Mishpat: To Whom Do the Payments Go? – part I
840 - P'NINAT MISHPAT: TO WHOM DO THE PAYMENTS GO? – PART II
841 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART I
Load More
Beit Din Eretz Hemda - Gazit
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 II
(based on ruling 83045 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
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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
