Terms of Transaction

Contract to Sublease

                                                                                                                                       

Devised and signed on this date of ­­­­­_______________ 5781 – corresponding to the Gregorian date of ______________2021.

Between:

The Kinyan Shmita Organization a Registered Association in Israel

The Registrar # 580721744

Through the auspices of Rabbi Shimon Pereg and Rabbi Yaakov Schneider – Authorized signatories of the Organization

Known as “Kinyan Shmita”

And Between:

 Name:                                               I.D. or Passport number: ______________

 

Name:                                               I.D. or Passport number: ______________

 

Address: ____________________________________

(To be referred to as “sublessee”)

 

Whereas: “Kinyan Shmita” acquired the leasing rights for the land and the ability to plant on that property. The land areas are marked as Area 14 plots A and B and Area 22 plot B in Moshav Yashresh. The dates are effective from the 29th of Elul 5781 to the 1st of Tishrei 5783 (inclusive), according to the sublease contract agreement with Hagai Kirshenbaum of “Growers and Marketers of Esrogim” signed on the 19th of Tamuz 5781.

Whereas: In the above agreement with Hagai Kirshenbaum, Kinyan Shmita received the right to lease the rights or part of the rights they acquired, under the decision of the Israel Land Authority Council, which is valid from March 16, 2021, which legally allows such a lease.

Whereas: The purpose of the “Kinyan Shmita” organization, is to provide an opportunity to any individual to fulfill the Mitzvah of the Shmita, by renting trees and agricultural land for the year of the Shmita and renting them to people who are interested in observing the Mitzvah of the Shmita.

Whereas: The sub-leaser entire purpose of this transaction is in order to observe the Mitzvah of Shmita to its maximum requirements, laws and customs.

Therefore, both parties reached the following agreements:

  1. The above agreement in an integral part of the continuation of the following contract.
  2. “Kinyan Shmita” sub-leases to the sublessee and the sublessee rents from “Kinyan Shmita” a square area of land that has four Amos by four Amos, which is; 2.31 meters by 2.31 meters square [according to the direction of the rows in the orchard]. In the center of that area stands an Esrog tree, as part of the agricultural farm marked as number 14 plot A or Area 22 plot B in Moshav Yashresh (hereinafter “the leased land”). At the completion of the recorded registration in the journals maintained and managed by “Kinyan Shmita”, a detailed rental deed will be presented to the sublessee, showing the exact location of the tree or trees that has been leased. In addition, “Kinyan Shmita” will clearly mark on the tree identifying the individual sublessee of the tree itself in that area, so that he can clearly ascertain that it is his.
  3. The lease period is from the 29th of Elul 5781 to 1st of Tishrei 5783 (inclusive).
  4. All fruits that are produced from the tree within the lease period will belong to the sublessee only.

(N.B. In rows I and J, the fruits that one can eat are those who ripened after the 15th of Shevat 5782)

  1. Additional Conditions

5.1 The sublessee undertakes to treat the land during the lease period under the laws of Shmita. Thus, among other things, he undertakes to abandon the fruits that are produced from the tree in the seventh year, and to behave with the land and its produce according to the letter of the Law (Halacha) of Shmita.

5.2 While picking fruit from the tree, the sublessee undertakes not to damage the tree and to ensure that he is careful during the picking process. Among other things, they will do the picking solely using professional tools that are suitable for picking fruit.

5.3 The sublessee entitles “Kinyan Shmita” to care for the trees, which includes its irrigation needs and all other necessary dealings to keep the tree healthy according to what the Law allows.

5.4 At the end of the lease period, the sublessee shall dispose of any objects that he brought to the area during the lease period and return the property “Kinyan Shmita” taking responsibility to ensure it is in the best condition as possible.

5.5 Fruits that remain on the tree until after Rosh Hashanah 5783, “Kinyan Shmita” will be allowed to do with them as they wish, subject to the Shmita Laws, and the sublessee will not have any claim on these fruits.

5.6 For the lease of the land, tree, and for the other expenses of the, “Kinyan Shmita” the sublessee will pay a total of _______. Payment will be made at the time of registration under this contract, and upon approval of the payment by the credit company in case of payment by credit card, or when honoring payment in another agreed manner, the payer will receive an official receipt confirming the above payment, constituting approval of this agreement.

5.7 In case of any issues regarding the Laws of this transaction during the contract period, the contract will be upheld according to the legal team who represent “Kinyan Shmita” and all other parties waive their rights to claim against it.

5.8 In matters of the Shmita Laws regarding land that is leased, “Kinyan Shmita” will act under the decisions of Rabbi Shaul Reichenberg Shlit”a and Rabbi Mordichai Zev Eichler Shlit”a. Regarding other matters relating to the lease, “Kinyan Shmita” is under the absolute supervision of Rabbi Ephraim Landy, Shlit”a Av Bais Din of “Ushaftam Tzedek” in “Ramot Polin in Jerusalem.

5.9 In a case a disagreement arises between the parties, the agreed arbitrator between the parties is the Bais Din “HaYashar vHaTov” in Jerusalem under the auspices of HaRav HaGoan Rav Nussbaum Shlit”a, and his decision will bind the parties. We consider completion of the registration of this contract as the signing of an arbitration bill before the above Bais Din for all intended purposes.

5.10. The parties involved agree that all that is stated above has been validated through the acquisition process of “Kinyan Sudder” with an object fit to make such a validation. This is not like a conjectural agreement nor like a contract template.

5.11 The parties also declare that they want this agreement to apply to all its obligations both according to the Torah Laws and according to the laws of the State of Israel, and any claim of “apparent bill” or “religious bill” and the like regarding this bill, will be unacceptable.

This is all considered binding and established.

 

Signature of the Kinyan Shmita Organization

 

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