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Shabbat Parashat Ki Tavo 5780

Ki Tavo | 16 Elul 5780 | 9/5/2020




P'ninat Mishpat: Money Given for Shemitta Observant Farms - Part III

The plaintiff (=pl) gave 480,000 NIS, for which he needed to take a mortgage, to the defendant (=def), an unregistered partnership of neighboring farms, to enable them to work their fields during Shemitta according to the otzar beit din system (without a heter mechira). Def was supposed to return the money plus 40% of net profits, which were expected due to an agreement with an otzar beit din (=obd). The obd did not keep their deal, causing def to do a late harvest and produce less than expected. Def ended up losing for the season, despite receiving some compensation from their insurance. Def returned a small amount to pl and admitted to owing another 307,000 NIS; their representative had stated in a text message that they owe 338,600 NIS. Pl demands a return of all of the loan plus compensation for pls mortgage payment and what he could have earned elsewhere with the money. Pl claims that since def acted negligently, pl and defs contract is null. They should not have allowed obd to lower the price, but should have harvested on time, forced the produce onto obd, cashed obds guarantee check, and started working according to a heter mechira. Instead, def signed a compromise agreement with obd. The contracts provisions for a breached contract award pl significant compensation (we omit details). Def claims to have done the best possible under the circumstances, which include the actions of obd (which was not directly obligated to def but to their yishuv), and the impact of following the halacha on the growing process. The sides also differ if their agreement was of a loan or an investment.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Esther Michal bat Gitel

Yehudit Sarah bat Rachel

 

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 5771

 

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

&

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

 

(Rav Moshe Zvi (Milton

Polin z"l

 5778 Tamuz 19       

 

R' Abraham Klein z"l

Iyar 18 5779

&

Mrs. Gita Klein z"l

4 Av

 

R' Yitzchak Eliezer

ben Avraham Mordechai

Jacobson z”l
Elul 15

 
Mr. Isaac Moinester z"l

Elul 5

Mrs. Doris Moinester a"h

Elul 23 


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

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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