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Shabbat Parashat Behar 5778

Behar | 20 Iyar 5778 | 5/5/2018




P'ninat Mishpat: Obligation to Enable Registering a Purchase part I

The plaintiffs (=pl) bought an apartment from the defendants (=def) in a project that is handled by a chevra meshakenet (= cm; developers who bought rights to the buildings from the government and are responsible for registering the changes in ownership). Pl paid and moved in a few years ago, but def has been unwilling to sign a form requested by cm, which states that the sellers have no further claims against cm regarding the apartment. Due to this, cm has refused to register the apartment in pls name. In the first hearing, def said they want to sue pl for the damages of delaying payment and informing the authorities of the sale too early. They implied that if paid for damages, they would sign the form. In the second hearing, def claimed that signing the form will damage them, but they failed to coherently explain what the damage the nature and source of the damage. Pl claim that def is required to sign any document needed for transferring ownership, according to par. 7.1 of their contract. The form in question is a standard one, def have never explained their refusal to sign, and it does not make sense that they should have any claims regarding an apartment that they sold years ago. Def say that there is no legal obligation to sign documents that cm presents without justification and now claim that they are part of litigation against cm that has not been resolved. Pl points out that the contract states that there are no outstanding legal matters with the apartment. Def did not follow up after the hearing with documentation about the litigation, as requested. Pl demands 3,000 shekels per day that def refuse to sign the form.


Dedication

We daven for a complete and speedy refuah for:

Leah Rachel bat Chana

Meira bat Esther

Rivka Reena bat Gruna Natna

David Chaim ben Rassa

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

Rav Shlomo Merzel z”l
Iyar   10

Rav Reuven Aberman z"l

Tishrei 9 5776


Mr. Shmuel Shemesh  z"l
Sivan 17 5774

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 5776


Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10   5774


Rav Asher Wasserteil z"l

Kislev 9 5769

R' Meir ben

Yechezkel Shraga Brachfeld z"l


R ' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l


Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

R' Leiser Presser z"l

ben R' Aharon Yitzhak & Bracha

24 Iyar
and members of his family
who perished in the shoah
 Al Kiddush Hashem


Rav Benzion Grossman z"l
Tamuz 23 5777

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
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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