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Shabbat Parashat Shemot 5783

Shemot | 21 Tevet 5783 | 14/01/2023




P'ninat Mishpat: Was the Garden Included?

The defendant (=def), a land development company, sold rights to land for a housing unit to the buyers (=byr) for 270,000 NIS. On the contract, on top of the blank next to the number of units, the handwritten word garden appears. Par. 7 of the contract says that all additions to the apartment, including gardens, belong to def unless otherwise specified in the contract. The contract and payment were handled by the organizers of a buyers group (=obg), who took many of their members signed contracts to def for signing. After the initial purchase, def demanded of byr an additional 70,000 NIS for the garden. Five years later, byr entered an agreement to transfer their rights in the unit to the plaintiffs (=pl). The agreement between byr and pl requires pl to pay the remainder of byrs obligation to def 158,800 NIS, which includes an additional 70,000 NIS for the garden in addition to the 270,000 NIS found in the sales contract. Pl gave this money to obg, who gave it to def. In the contract between byr and pl, par. 5 requires byr to provide pl with defs confirmation that byr is able to transfer rights to the unit + garden to pl. Pl also had to sign a letter to def to accept byrs obligations. Pl is demanding 70,000 NIS back from def, for receiving extra money. Pl claims that only because byr did not want to enter litigation with def did pl agree to pay the extra money, but the 70,000 NIS was not due and that he signed the letter of obligation only because it was the only way to get defs cooperation. Def brought testimony from obgs relevant worker that 270,000 NIS was the set price without a garden and that obg may have written garden to identify what type of apartment byr wanted, not to say the garden was included in the 270,000 NIS price.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Ori Leah bat Chaya Temima

Arye Yitzchak ben Geula Miriam

Neta bat Malka

Meira bat Esther
Yerachmiel ben Zlotta Rivka

Together with all cholei Yisrael

Hemdat Yamim is dedicated

to the memory of:

Those who fell in wars

for our homeland

 

Prof. Yisrael Aharoni z"l

Kislev 14, 5783

 

Rav Shlomo Merzel z”l
Iyar 10, 5771


Rav Reuven & Chaya Leah Aberman z"l
Tishrei 9 ,5776 / Tishrei 20, 5782

 

Mr. Shmuel & Esther Shemesh z"l

Sivan 17 / Av 20

 

Mr. Moshe Wasserzug z"l

Tishrei 20 ,5781

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 ,5776

 

Mrs. Sara Wengrowsky

bat RMoshe Zev a”h.

Tamuz 10 ,5774

 

Rav Asher & Susan Wasserteil z"l
Kislev 9 / Elul 5780

R' Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 ,5780

 

R 'Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Rav Benzion Grossman z"l
Tamuz 23, 5777

 

R' Abraham Klein z"l

Iyar 18 ,5779

&

Mrs. Gita Klein z"l

Av 4

 

Rav Moshe Zvi (Milton) Polin z"l
Tammuz 19, 5778

 

R' Yitzchak Zev Tarshansky z"l

Adar 28, 5781

 

Nina Moinester z"l

Nechama Osna bat Yitzhak Aharon & Doba

Av 30, 5781

 

Rabbi Dr. Jerry Hochbaum z"l

Adar II 17, 5782

 

Mrs. Julia Koschitzky z"l

Adar II 18, 5782

 

Mrs. Leah Meyer z"l

Nisan 27, 5782

 

Mrs. Shirley Rothner,

Sara Rivka bat Yaakov Tzvi HaCohen z”l

Tevet 15 5768

 

Hemdat Yamim
is endowed by
Les z"l  & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
& Louis and Lillian Klein z”l

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

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