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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 (834)
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
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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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
Rabbis in Midrash
Lessons
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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)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
