- Sections
- P'ninat Mishpat
24
Ruling: The 2012 contract is binding, as it was signed by authorized officers of each organization. The fact that other contracts (signed and proposed) do not include the clause to enable def’s removal does not invalidate the contract or the clause. As the Shulchan Aruch (Choshen Mishpat 45:3) rules, one cannot deny being bound to all of a document he signed based on the claim he was not aware of its content. Although the following is not necessary to validate the clause, we point out that until the 2012 contract, the agreements were with the regional council, which paid for def to service the community at pl’s auspices. The 2012 contract, the only one between these two parties, can be different than the previous ones. Later draft agreements are not an indication of an end to previous agreements if the two sides decided not to sign them.
There is more to discuss regarding the claim that since the 2012 contract expired years ago, its clauses are not relevant to subsequent, oral agreements. There is a machloket whether an expired contract is still relevant. The Taz (CM, 333:8) and Shach (CM 333:44), in the context of labor agreements, rule that all of the details of the old agreement that were neither renewed nor revoked continue to be in effect. The Rama (ad loc. 8) and Machaneh Ephrayim (Sechirut 11) say they do not continue. There is a further machloket (see treatment in our beit din’s ruling 70024) whether those who posit that provisions continue say so when the new agreement changes other elements of the previous agreement. However, since the only explicit change was the price of the rental, which naturally goes up over time, that change is not indicative of the lapsing of the other provisions.
We will continue from this point next time.

Ending Rental Due to Extenuating Circumstances
Various Rabbis | Tevet 5768

A Will To Bequeath Bank Accounts
Rabbi Yoav Sternberg | Tuesday, 3 Kislev 5768

P'ninat Mishpat: Upper Property’s Responsibility for Flooding
based on ruling 82008 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Adar 5784

P'ninat Mishpat: Did the Real Estate Agent Remain Relevant?
based on ruling 84031 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Adar 5784

Fasting on the Wedding Day
Rabbi Yirmiyohu Kaganoff | Sivan 9 5779

The Mitzva of Onah
Rabbi Eliezer Melamed | 15 Shvat 5784

Were there Fasts in the time of the Second Temple?
Rabbi Yosef Tzvi Rimon | 5778

The Four “Exiles”
Rabbi Yirmiyohu Kaganoff | Tevet 13 5781

Ask the Rabbi: Watching a Bar Mitzva Videoed on Shabbat
Rabbi Daniel Mann | Adar 5785

Orchot Tzaddikim class 53, "Remembering" part iii
Rabbi Ari Shvat | Adar 5785
